Green Card

The first step to permanently staying in the United States is to become what the government refers to as a lawful permanent resident. In order to do this, you have to obtain a United States Permanent Resident Card. This is commonly referred to as a green card...

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Immigration Case Review

December 17, 2010

Some Immigration Mistakes You Don’t Have to Make

We all make mistakes, but some are bigger than others. In immigration, mistakes are quite common because of how complex immigration law is. No matter how straightforward your green card application is, or how many years you have followed laws in the U.S. and maintained your status, sometimes mistakes happen. They may not even be your fault, but often something does occur which delays the process if not leading to a refusal. This blog guide will go over several common immigration mistakes you need not make.

Not Hiring An Immigration Lawyer
Yes, some try to get a visa, green card, or citizenship without having an immigration lawyer to help. An immigration lawyer saves you time, money, and legal problems. Your lawyer can help you through every step of this process, answering your questions and resolving problems. Perhaps the most important part is simply filling out applications correctly, which can be complicated.

Staying Here Permanently

Overstaying your welcome is another common immigration mistake. It happens all the time. Of the 40 million or so immigrants here, only 10 million are here illegally, and the great majority of these in fact have overstayed their welcome. You might get a green card, which gives you 10 years in the U.S.,  never renew your card, and never apply for citizenship. You are then here illegally and can be deported. Don’t make this mistake, and if you need help in applying, consult with a lawyer.

Breaking the Law
If you break the law, you can also be deported. Sometimes even seemingly minor problems like getting a DUI can lead to deportation. You may not even be able to ever visit the U.S. again and can spend time in jail.

Entering Illegally
Illegal immigration is obviously a major problem for the U.S. There are millions of illegals in the country already and many more come every year. This occurs for various reasons, namely the better way of life the U.S. has than certain countries. However, you can immediately be deported, be denied entry for 5-10 years, and may even spend some time in jail.

Showing Hostility to America

If you show any kind of hate or hostility toward the U.S., you can be barred entry. If you are in the U.S., you can be deported. If you are suspected of being a terrorist, you can be arrested. The point is not to show this kind of attitude to U.S. officials, who will keep out hostiles.

Lying on Applications

When in doubt, consult with your lawyer. We are not saying you should lie, but you need not give away discriminating information if possible. You should avoid lying about anything on your application. If you lie about certain activities, such as being a former drug user or seller, you may run into problems. If you had problems in the past, try to explain them, and are honest, you have a much better chance.

Giving Too Much Information
When you are arrested for a crime in the U.S., you are told you have the right to remain silent. One common mistake immigrants make is simply giving away far too much information. Only answer what is asked; do not volunteer information. If you are questioned, that is another story. But you may be nervous, simply say too much, and run into trouble.

December 16, 2010

5 Rights Undocumented Immigrants Have

What is an undocumented immigrant? It is someone who is in the U.S. illegally. But by nature, every person in the U.S. has rights. And you always have the chance to earn immigration rights even if you’ve been here illegally. It’s a common problem many have, thinking they cannot do anything legally because they lack documents. In fact, if you are an undocumented immigrant, you have many rights. This guide gives you five.

Right to a Lawyer
You always have the right to a lawyer. Say you are arrested on a charge of drinking and driving. You may wonder what your rights are. You may be scared. The officers may try questioning you without a lawyer. You should say nothing until you have a lawyer. You have the right to remain silent, as should be noted in the arrest, and you have the right to legal representation.

Right to Fair Trial
Simply because you are undocumented does not mean you have no due process. You have a right to a lawyer and a trial. You have a right to question the charges made against you. You have a right to appeal in court. If the trial goes against you, you can take the case to appeals court, which has been done by undocumented immigrants.

Right to Know Charges
You always have the right to know any charges made against you. If the arresting officers are not clear about this, just ask. They are legally bound to tell you why you are being held. Sometimes it’s obvious: you were drinking and driving. But other times, especially if you’re innocent, you may be unaware of what really happened. If a charge is made against you, you get to know the charges, get a lawyer, and get a trial.

Right to Education

Simply because you are an undocumented immigrants does not mean you cannot get an education, nor will your children have this problem. All residents of the U.S. have a right to go to public schools, sometimes even colleges and universities, even without a green card.

Right to a Search Warrant

If an officer wants to search you or your home, he or she needs a search warrant. You cannot be searched simply for looking like an immigrant, because you are of a certain nationality. If this were allowed, officers would have reason to search anything and everything they want. If an officer gets a search warrant, that is due process, and he can search you or your property. Otherwise, you need not allow it.

The subject of illegal immigrants is a controversial topic. Some may wonder what right an immigrant has to be protected by our laws. They keep our society strong and fair. The best thing you can do is get your proper documentation by hiring an immigration lawyer. But if you are ever charged with a  crime and are undocumented, it’s time to consult with an experienced lawyer.

December 8, 2010

Tips to Hire a New York Immigration Lawyer

With hundreds of immigration lawyers in New York and over 7,000 working in the country, you have many options when it comes to hiring an experienced lawyer. The problem is in choosing from so many. How do you differentiate a good New York immigration lawyer from a bad one? Where do you look for a lawyer? How much will it cost? These questions and more will be answered in this blog guide.

Are they an AILA member?
The American Immigration Lawyers Association is a good reference point for hiring a New York immigration lawyer. All immigration lawyers should be a part of this association. It keeps them informed on changes in laws. It keeps them connected with the government. And it shows they have a vested interest in immigration law.

How much do they charge?

Oddly enough, you don’t want a low priced lower nor one much higher than everyone else. Most immigration lawyers charge based on a flat rate – where you pay a certain fee for the entire service. Some charge on hourly, but usually you want a flat rate. If a lawyer charges too little, it may show inexperience. If they charge too much, much higher than other lawyers, you may be able to save some money by hiring someone else. In any case, it’s time to find out what you can afford, what the going rate is, and who you can get the most value from.

How much experience do they have?
You want someone who has been practicing immigration law for some time. While being fresh out of law school is not necessarily bad, it does show some inexperience, especially in handling problems. A lawyer needs court room experience and problem solving abilities. This comes over time. You also want a real lawyer, and not someone who defines themselves as a consultant – lacking a legal degree. Most of the time these consultants have no real power if you run into problems, and sometimes even break laws.

What is their specialty?

First off, you should get a lawyer who specializes in immigration law. Second, you want someone with relevant experience for your case. There are many niches within immigration law, including getting a green card and employment based immigration. Therefore, you can find a New York immigration lawyer with experience in your particular need. If you simply want to get a green card, you might prefer a lawyer well versed in these laws rather than employment visa laws.

How big is their caseload?
Some lawyers take on too many cases to handle. Some have paralegals who handle too much of the caseload. You want your lawyer actually spending time on your case, especially if there are problems. If your green card is rejected, you need to reapply, and this takes time. If you are deported, you must appeal. If you want to earn citizenship, this too takes time. If a lawyer has dozens of other cases, he or she may lack the time to truly help.

How well do you communicate with them?
Finally, what kind of personality does your immigration lawyer have? We all get along with certain types more than others. Be sure you can get along well with this lawyer, that you can communicate concerns, and that you can always ask him or her questions.

December 6, 2010

7 Benefits of U.S. Citizenship

Better Jobs
While unemployment is close to 10% as of December 2010, there are still more jobs in the U.S. – especially skilled jobs – than most other countries. The U.S. has the minimum wage, has laws protecting you from being overworked, and if you happen to be laid off, you can get unemployment benefits. Yes, the economy is bad across the world, but for opportunities in new industries, the U.S. is still #1.

Family Support

Few countries offer more support to families than the U.S. If you are struggling to get work, you can get counseling. If your child is falling behind in school, he or she can also get special counseling. If you need food because you lack an income, you can get food stamps. If you fear losing your home, there is bankruptcy. If you fall behind on bills, there are laws protecting you. The point is economically you have support.

Government
The U.S. government is far from perfect, but it is the leading power in the world. If you gain citizenship, you will have a voice within the government, and can even run for elected office.

Pay Taxes, Benefits
Paying taxes is good? Yes, because you then will be eligible for medical benefits. If you become a U.S. citizen, once you reach retirement age you are eligible for social security benefits, which includes both monthly financial help and medical support.

Schools
By paying taxes, you are also supporting schools. And by supporting schools, you are investing in the future. If you start a family in the U.S., these schools become even more important. The education system in the U.S. is quite supportive of young students. The system is not perfect, but there are good teachers, good classes, and support from many in the community.

Vote
Voting is perhaps the greatest benefits of becoming a U.S. citizen. By voting, you can select who represents you in government. By voting, you can help make local, regional, and national decisions. Not all countries allow their residents to vote. Some countries persecute you for voting the wrong way. Some are corrupt, rigging the elections. In some, it’s actually dangerous to vote. In others, voting makes no difference. Voting in the U.S. has been part of our system since the nation was founded.

New Life
Becoming a U.S. citizen grants you a chance at a new life. You can get a better education, get a better job, earn a better salary, raise a family, let your children go to school, and when you are ready to retire, you can get financial help. The United States has allowed millions a new life. We are a nation of immigrants. If you are curious about how to get this process started, consider hiring an immigration lawyer.

December 4, 2010

Drug History and Immigrating to the U.S.

If you have a drug background, you may wonder how much that will affect your immigrating to the U.S. It can definitely have an affect on whether you can come here or not. This guide shows you how to avoid problems.

First, if you can avoid it in the first place, that’s your best option. While this may be after the fact, you can avoid a lot of trouble by staying away from criminal acts prior to immigrating, if not in general. Drug dealing, for example, looks very bad to U.S. customs officials, who regularly keep non-citizens out who commit such acts. If you have a history of drug trafficking, it can lead to being denied entry, or to be deported if you lie about it.

Second, if you have a drug past, perhaps possession or even trafficking, do not lie about it. If you lie, and it’s found out, you can be deported. Instead, be upfront about any drug history you might have. Oddly enough, many from countries across the world lack a perfect criminal and drug record. We all run into problems. However, if you try to hide this, it’s much worse than simply telling the truth. If you tell the truth, you have more opportunities.

Third, try to change your life around and have proof of doing so. You might try to get to drug counseling. You may get a regular job and start a family. You may start volunteering to help others avoid the life you lived. If you can prove to U.S. customs that after you had a problem you tried to change your life around, you have a much better chance of immigrating. In other words, you made some mistakes before, so now it’s time to make up for it.

Fourth, understand your rights. Simply because you are an immigrant and not a citizen does not mean you have no rights. True, you have less rights than a citizen does, but you are no less of a person. If you feel you are being treated unfairly, you should fight for your rights. You may take the next step and hire an experienced immigration lawyer.

Finally, get legal representation before you try immigrating. An immigration lawyer can be invaluable in this process. If you have a history of drug trafficking, for example, your lawyer might be able to show how much you have changed your life around. If you are denied entry, you have a right to appeal, and a lawyer is crucial to that part of the process.

November 30, 2010

6 Important Immigration Rules to Know

If you are considering immigrating to the U.S., there are some rules and laws to know. While there are dozens, we can’t get to them all in one guide. However, there are ways to find out more information. Some dislike the USCIS (United States Citizenship and Immigration Service), but their site has a wealth of information. The problem for immigrants is that U.S. immigration laws can be so complex even some lawyers can get confused. With the main points in this blog guide, you can have a good start.

The Green Card
A green card allows you to live, study, work, and raise a family in the U.S. It does not give you all the rights of a U.S. citizen, but this is how you get started. A green card allows you to live in the U.S. as long as you break no laws. While citizens cannot be deported, green card holders can be. So if you break laws, such as committing a crime, you may be deported. This makes earning citizenship even more important.

Citizenship
Becoming a U.S. citizen is a crucial part of the process. After some time in the U.S., you can qualify to become a citizen. This allows you to avoid having to submit a new application every time your green card runs out. You are also in no danger of being deported, your children can and should become U.S. citizens if born on U.S. soil, and you can sponsor other family members to immigrate. You can also work federal jobs and serve in the armed forces.

The Nonimmigrant Visa
If you only plan to stay in the U.S. for a short period, such as to attend a school, you have the option of a temporary visa, also called a “nonimmigrant” visa. You can stay until your visa runs out. Many business people also use temporary visas. You can qualify easier, have less time to wait, and can likely be approved.

Don’t Lie
If you lie to the U.S. government, you will likely be deported. You may even be banned from the U.S. for some years if not permanently. While you may want to hide certain details of your past, such as a criminal record, it’s best to be upfront about any possible issues, explain them, and get legal help. For example, if you have a criminal record involving drugs, you may try to hide it, but it’s found out and your deported. On the other hand, if you are honest, explain how you’ve changed your life, and have proof you’re an honest person, you have a much better chance.

Being Kept Out
There are many reasons the USCIS may deny your application for a visa. You may have lied. Your criminal record may be too bad. You may have some dangerous disease. You may have filled out the application incorrectly. The government always has a right to deny you, especially if you have made some mistakes or are a danger to the country.

Get Legal Help
The final rule is more of a suggestion: get an immigration lawyer, especially if you are unsure about how this process works. An immigration lawyer is crucial in successfully immigrating to the U.S. He or she can advise you on how to get a green card. A lawyer may be able to help you earn citizenship. He or she can also help you with applications.

November 22, 2010

The Value of Legal Help When Immigrating

Dreams do happen, and often they involve a change of scenery. You might get a better education in the U.S., with that education get a better job, use that job to help raise your family, and live the dream many in other countries simply do not have. True, the United States is not paradise, but why do so many try immigrating here every year, even illegally? You and your family simply have more options. One option you should consider when deciding to immigrate is that of a legal help for immigrating. If you want the dream, you should hire an experienced immigration lawyer.

There are literally thousands of lawyers ready and capable to help you get started immigrating, though some will be more experienced than others. You want a lawyer who specializes in immigration law, and not an immigration consultant.

Why not hire an immigration “consultant”? Well, they rarely have a legal degree, often break laws, and often steal your money. You will see ads for consultants if you look online, or you may be referred to someone, if not find one by looking locally for legal help. The right kind of legal help comes from an experienced lawyer, someone with a legal degree.

Where do you look for experienced lawyers? It depends on where you are. Say you live in Mexico, have access to the internet, and want to immigrate to the U.S.  You can likely find an experienced immigration lawyer by looking online. They might have a site or blog like this one. They might have all their experience posted. And often they’ll be willing to consult with you for free the first time.

How much will you pay? Typically legal fees for immigration are on the low end. It depends on who you hire, but you likely cannot afford tens of thousands of dollars. Some lawyers may be willing to negotiate with you on fees. This is not to say you should hire the cheapest lawyer available, nor should you the most expensive. Find someone who is willing to spend time with you, can communicate well with you, and who you are able to afford.

How long will this take? Immigration is not an overnight process, and there is a backlog in immigration applications. In some situations, you can cut down on the immigration time process, such as being sponsored for a green card by immediate family, or by using the Immigration Lottery. In the Immigration Lottery citizens of smaller countries who send less immigrants to the U.S. are offered options every year, on a limited basis, to become permanent residents.

If you’re unsure of how to get started, that’s okay. You should consult with a legal professional, or begin studying the official U.S. Immigration reference at USCIS.gov and decide on what you want.

November 17, 2010

How to Immigrate to the U.S. Today

With all the political battles occurring in the U.S. and around the world, sometimes the important issues get lost in the middle. One key issue is that of immigrating to the U.S., which has numerous benefits for immigrants. If you immigrate you can get a better job, education, and health care. If you immigrate you can sponsor others in your family to also get green cards, can earn U.S. citizenship, and can have more rights such as voting.

But how do you this all this? How long will it take? Well, the first step is to do what you are doing right now: researching how to immigrate to the U.S. Second, you have to find out how you can immigrate, legally, and that requires a lawyer.

Before you get a green card, you need an experienced lawyer. That calls for some searches; do not rush this part of the process. Be picky, especially on a lawyer’s experience and price. You want someone who specializes in immigration law, who is a real immigration lawyer, and who you can afford.

The next step is to get a green card. A green card gets your foot in the proverbial door. It is you showing you want to live here, can follow all laws, and can be an important part of society. It’s also the first step in getting citizenship, where you have the most rights of any U.S. resident.

You have to reapply for your green card every 10 years, but you might apply for U.S. citizenship before that. If you feel this should be your home, if you do not break laws, and if you can prove your ability to understand U.S. laws, you have the opportunity to be naturalized.

Citizenship allows for you to pay taxes, paying taxes mean you are eligible for benefits like Medicaid and Social Security, and these all help your family.

Say, for example, you are immigrating from Mexico. You and your family have never had proper health care, jobs, education, or even rights. While the U.S. is not paradise, you do get more protections for health care, you can get better jobs than in Mexico, you can get a much better education for yourself and your children, and you can get many more rights.

This is quite similar to immigrating from other countries. The U.S. is not always better than the country you live in on every issue, but you stand to have more opportunities here.

If you want to get started, keep studying, find an experienced lawyer, and begin the process of applying for a green card. Make no mistake: immigration is not always easy. Often you have to wait, or find someone to sponsor you, and prove you are an honest person. Once you do that, you and your family can have a unique opportunity.

November 15, 2010

Primer on Choosing an Immigration Lawyer

Want a better job? A better home? More opportunities for your children? More legal rights? Well, these dreams may seem out of reach. You may live in a country where wages are so low you can barely afford eating properly. You may live in a home of little to no value simply because you have no other options. Your children may lack a good education. You may be unable to vote, but throughout history immigrants have come to the U.S. looking for more freedoms and rights. You can get them here.

Where do you start if you want to immigrate to the U.S. You read. You study. You consult with others who have immigrated. Perhaps most importantly, you hire an experienced immigration lawyer.

What does a good immigration lawyer do to help you? How does a lawyer earn his or her fee? An effective lawyer can save you valuable time, often speeding up the immigration process. He or she saves you time by ensuring you fill out all applications correctly, but perhaps more importantly find if you are eligible for a green card, if not citizenship, in the first place. A lawyer can ensure you fill out applications correctly, that you’re eligible, and that you have the best opportunities available for immigrants.

You want a lawyer you can afford, of course, as legal fees do vary. You can find a competent immigration lawyer without spending tens of thousands of dollars. A good one will charge a fair fee, and remember, this will pay dividends in terms of getting a better job, education, and life for your family. A small fee is more than worth it if it means you can immigrate.

You should hire someone recommended by others. If you go online, many lawyers are recommended by other lawyers on their site. While this is not the only way to find a lawyer, it speaks to experience and effectiveness.

You should get someone with experience. You want a lawyer who specializes in immigration law, especially for your situation. For example, you may want a green card by being sponsored by immediate family. In this case, you want someone with green card experience. Or you may be marrying  a U.S. citizen and want to immigrate; someone with relevant work experience can help here.

Do you speak English? If you want to become a citizen, it’s necessary that you can read, write, and speak basic English. If you are having trouble with the language, you may consider first learning English. If a lawyer is perhaps fluent in other languages, this can be  bonus.

Speaking of language, you want a lawyer you can effectively communicate with. You want one who can spend time with you, sitting down and going over all your options. An immigration lawyer should be friendly, should listen, should offer solutions to problems. You are paying a fee, so make sure you get a lawyer who can help you in the long run.

November 12, 2010

Importance of Getting an Immigration Lawyer

Hiring an experienced lawyer is essential in successfully immigrating. It’s your immigration lawyer’s job to protect your rights and ensure you can live in the U.S. This guide goes over these points – and why not hiring a lawyer is dangerous – in more detail.

Dangers of No Lawyer

If you lack a lawyer, or if you hire someone who is not a lawyer, you risk any chance you have of immigrating. You may not be able to afford one … maybe you can’t speak English too well … or maybe you know someone who “knows an expert” who can help. A good immigration lawyer will be affordable, will be able to communicate well with you, and will be a specialist in immigration law. He or she will have a degree, will have years experience in helping immigrants, and will follow all laws. If you hire someone for a cheap price, or hire someone who promises a secret way to get a green card, you are endangering your future.

You Need a Specialist
A specialist is crucial. You do not want a “immigration consultant,” who by trade steal money and break laws. You want a lawyer, not someone who has an “in” in the USCIS (United States Citizenship and Immigration Service). You risk having your money stolen if you try to cut corners. Or, if the lawyer breaks the law, you risk never being allowed in the U.S. legally again.

And avoid hiring someone who does not specialize in immigration law. If they do all kinds of legal work, they do not have the experienced needed to help you get a green card. It may lead to delays, penalties, and eventually being denied a green card.

The Lawyer Must be Reasonable
On the other hand, your immigration lawyer should not lead you to bankruptcy. There is, of course, no reason to hire someone twice your budget. Even if they are willing to negotiate, it’s almost pointless. Don’t hire a cheap lawyer, but hire someone you can afford to pay. If they are willing to negotiate with you on fees, that’s even better.

You Can Communicate with Him or Her
You must be able to communicate well with your immigration lawyer. If you struggle with the English language, you may want to study it prior to applying for a green card. You need not have a college education to understand the basics, but you should understand how to speak and write in English. A lawyer who you don’t understand cannot be effective in helping you. Therefore, get one you can communicate with in your given language, or who has someone who can help you learn English.

You Need Citizenship

Citizenship is the final step in the immigration process, and where your lawyer can shine. He or she can help you first get a green card. Then you live and work successfully in the U.S. You break no major criminal laws. You may want more, so the next step is to become a U.S. citizen. An immigration lawyer is essential here. By now, you should have an understanding of English, of U.S. laws, and of U.S. history. If you need to study some – as most do – that’s fine. Once you become a citizen you cannot be deported, you need not reapply every 10 years, you can work all jobs, you can vote, and you can be eligible for benefits.

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