Immigration Process

You would like to come to the United States and live here. Or, you are already here in the United States, and you would like to know what you have to do to become an immigrant...

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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 10, 2010

The Immigration Experience

If you are interested in immigrating to the U.S., there are both positives and negatives to consider. First,  in a positive sense your life will be forever changed for the better. On the other hand, it will not always be easy. This blog guide explains what you need to expect.

Expect Changes
You can expect changes for you and your family. Immigrating to the U.S. is about changes for the better. It’s likely you want a better job, a better education, more legal rights, and more opportunities for your children. While there are no promises made once you arrive, you can expect some big changes for the better. You can be paid better. You can attend some of the best colleges in the country. If you are naturalized, you can vote. And if you raise children here, they have all these opportunities too.

Don’t Expect Miracles
Let’s stay in reality, though, because immigration will not solve all your problems. If you lack work experience, you may not get a very good job. If you lack an education, high paying jobs can be hard to find. If you break laws in the U.S., you can expect to be punished, if not deported. Immigrating is a solution with many benefits, but it’s not paradise.

Success of Immigrants
On the other hand, many immigrants achieve great success here in the U.S. You get a better education. You save up and buy a home. You can get a better job, with minimum wage rates to start out being much higher than other countries. And with an education, you can make much, much more. If you’re hurt on the job, you can get medical coverage. If you suffer through debt, you have options in bankruptcy. If you come from a country where voting is absent if not fair, the U.S. system is one of the best in the world.

Dangers of Illegal Immigration

Illegal immigration is a bad experience. You would be smart to avoid it. It can be dangerous for both you and your family. It can cost your lives. It can cost a lot of money. You might be on guard for the rest of your life for being found out. Legally immigrating is much better. You need not be on guard. You need not put your life in danger. You can save the money paid to the criminals who offer to help you cross the border. Illegal immigration is not a positive experience.

Family
If you are immigrating with your family, expect life changes. While it may not be a paradise in the U.S., you have far more opportunities than most countries. If you and your spouse have a child on U.S. soil, by law he or she is a U.S. citizen. You can put your children through good schools ,work better jobs, pay taxes and therefore be eligible for benefits, and have more legal rights. Again, don’t expect miracles, but expect changes for the better.

Getting Legal Help
The immigration experience starts with your immigrant visa. How will you get one? You have many options. This includes the green card lottery, being sponsored by immediate family, or being sponsored by an employer. If you are unsure of the process, an experienced immigration lawyer is essential. He or she can best advise you on options and help you successfully get a green card and then citizenship.

November 1, 2010

Your Green Card Status After a DUI

If you are a permanent resident, your green card may be in danger after a DUI. You won’t always be deported, but you might face some legal problems. First off, avoid a DUI. While this is easy to say after the fact, being charged with drinking and driving is a serious offense. If you are unsure of what all the terms mean, here is a brief refresher.

All states penalize drivers who drink in excess and drive. All states use the .08% blood alcohol content level limit; if you reach that, you can and will be charged. You can expect your driver’s license to be suspended, to face potential jail time, and also to be fined. This is not even considering your green card status.

What happens if you are charged? If you have no green card, your ability to apply for one is in danger. If you have a green card, you risk losing it and being deported. Typically you are deported for more serious charges – if you are far over the BAC (blood alcohol content) limit and face long jail time. Also, this DUI will be on your record for life – if it stands – and the charges can hurt you for years to come.

You should now get a DUI lawyer. This is different than your immigration lawyer: you want someone who specializes in DUI law. It will be his or her job to question and challenge what happened and the charges. For example, profiling immigrants who are of a certain ethnic background is not unheard of, and if that occurs the charges can be thrown out. If the officer had no reason to pull you over – you made no mistakes and this can be proven – a strong defense is possible. Also, you may not have been over the limit; the breathalyzer test is not 100% accurate. There are many other possible defenses an experienced lawyer can make. You do have the option of a court appointed lawyer if you cannot afford a professional; while less effective, this is better than defending yourself.

Finally, if you want to protect your green card status, it’s time to consult with an experienced immigration lawyer. It’s his or her job to ensure you can keep your green card and permanent residency status, that you can still apply for citizenship, and to stop any deportation

October 6, 2010

Rewards of Immigrating to the U.S. from Mexico

While the immigration debate regarding illegals and new immigrants taking jobs goes on, many are taking advantage of the laws allowing them to come here. Immigrants rarely take jobs, benefit the economy, eventually earn citizenship, serve in the armed forces, pay taxes, and learn new liberties. Those are some of the key benefits for immigrants coming here. Mexico, where most new immigrants to the U.S. come from, has never had a booming economy and a lot of jobs.

According the the web site EconomyWatch.com, Mexico’s economy improved dramatically between 1995 and 2002. It’s GDP rose, unemployment decreased, and economy strengthened. However, Mexico  is perhaps the country with the most direct economic link to the U.S., and our recent economic crisis has hit it hard. There are other reasons too: according to Economy Watch, a flu epidemic and spike in inflation hurt the economy. The simple fact is, beyond all these facts, the standard of living has always been lower in comparison to the U.S.

There are many rewards for immigrating to the U.S, and they start with jobs. If you are considering immigrating to the U.S., do so legally by hiring a professional lawyer. This guide will help more with that.

First off, pay rates are dismal for Mexicans. The top 30 percent earners in the country take more than half the annual wages paid out. Unemployment is a problem, but even if you work, you are getting very low pay. If you work in the United States, even minimum wage is more than likely an improvement.

Education is much better in the United States in comparison to Mexico. Most illegal immigrants who come from Mexico end up working low pay jobs because they lack both green cards and an education. However, by coming here legally, you are opening the door to a better education for you and your family. The education system is far better in the U.S., especially in secondary schools, than in Mexico.

If you come to the U.S. and get a green card, you get more economic opportunities. According to Wikipedia, the poverty rate in Mexico, though improving, goes in fits and spurts. Only back in the 1990s half of the country was at poverty level. This has improved greatly, with only 12% at poverty levels. Still, that is much higher than in the U.S.

If you have children born in the United States, they immediately are given more opportunities than most other countries in the world, especially in the Western Hemisphere. That is a big statement, but having the ability to vote, to have labor rights, to get disability benefits when hurt, to get into college, these things are not available elsewhere.

The point is that you have more rights here, the ones you love have more rights here, and the standard of living is better. If you do want to immigrate to the U.S., do so legally. You have more options than you might think. Call a professional immigration lawyer today so you can successfully immigrate to the U.S.

October 4, 2010

Rights a Green Card Gives You – And Responsibilities You Have

To put it it simply, you gain more rights as a permanent resident of the U.S. than the majority of others have in the world. While the U.S. being the “best” place to live, work, and raise a family can clearly be debated, the simple fact is for many immigrants the dream is more than worth having.

What rights does a green card give you?
You can work most all jobs in the U.S. You have about all the same rights as a citizen. There are some powers you do not have, as we’ll go over next, but suffice to say you get more than you might think.

What can’t you do?
You can’t vote in most elections. If you break major U.S. laws, you can be deported (citizens cannot be deported). So you cannot break laws, such as getting a felony charge, and expect to stay here.

What are the major benefits of permanent residency?
You can sponsor immediate family for green cards once you come here. If you have a spouse, for example, you can sponsor him or her. If you have children born in the U.S. they will get automatic citizenship, a true dream for many. Perhaps best of all, getting a green card means you will be eligible for becoming a U.S. citizen over time. If you earn citizenship, you can sponsor more family to come to the U.S., you can vote in all elections, serve in the armed forces, pay taxes and therefore be eligible for social security when you retire, and much more.

What if you leave?
You have rights even when you leave the country. Generally you don’t want to leave much longer than six months. You can travel often as a legal permanent resident, but be aware of your visa status. If you stay for a year or more, you may lose your green card and have to reapply.

Who can help?

An experienced immigration lawyer is essential in understanding the rights, benefits, and opportunities a green card gives you. Perhaps more importantly, once you are eligible to apply for U.S. citizenship, an immigration lawyer is invaluable.

Where do you start?

To get started in applying for a green card, a good first step is to start reading up on immigration materials and laws. You can visit the USCIS.com for immigration laws. You also want to start searching for a professional lawyer to help you. With both knowledge of U.S. immigration laws and a legal expert helping you, your chances of successful immigration are very high.

October 1, 2010

5 Ways to Avoid Breaking Immigration Laws

1-Hire a Professional Lawyer
Your lawyer is your guidepost, especially if you don’t know or completely understand U.S. immigration laws. A lawyer saves you time, legal troubles, and needless worries. And not all lawyers are effective, honest, and professional. If they promise you this will be easy, rarely is that honest. If they try overcharging you or adding fees, that’s unprofessional. If they have no legal experience in immigration, it’s doubtful they can be effective. You need a professional immigration lawyer who has experience in helping immigrants, who charges fairly, and who never breaks any laws or asks you to.

2-Avoid Immigration Consultants
One term used by some who specialize in immigration is the “immigration consultant,” who, for a fee, promises you or a loved one a green card. What often ends up happening is the consultant either breaks immigration laws or takes your money and literally disappears. Always work with a lawyer.

3-Know Your Rights
You have rights too.  And they should be protected. But many of us do not know all our rights. As an immigrant to the U.S., you must follow the laws of this country. If you breaks laws, such as illegally immigrating, you can be deported. If you fail to follow other laws such as criminal acts, you can be deported even if you have a green card. On the other hand, though you have less legal rights than a citizen, that does not mean you have no legal protections. You have the right to live, work, and raise a family with a green card. You then have the right to be naturalized.

4-Stay On Time

One common mistake immigrants make is not reading through all the rules. They don’t necessarily break laws on purpose, but fail to keep up on paperwork. A green card is not a lifetime event; you have to reapply every 10 years. Once you live in the U.S. for some time, 3-5 years, you can apply for naturalization.  That way, you need not worry about losing your green card after leaving the country, or being deported for other reasons. You can travel as much as you want as a citizen with no risk to your status, and you can never be deported.

5-Never Agree to Illegal Activities

Finally, if you want to protect your right to live and work in the United States, never break laws when applying for a green card or citizenship. You may wonder about shortcuts, ways to “work” the system, but these are illegal. If you try to sway immigration official decisions with bribes or favors, a common promise made by bad lawyers and criminals, you are risking ever being allowed in the U.S. If you have a green card, and are asked to take part in a criminal activity, this too risks deportation. Stay within the laws and you almost always get an opportunity to live in the United States.

September 24, 2010

6 Tips on Avoiding Immigration Fraud

Immigration fraud is not something you need to experience. The tips in this blog guide can stop legal problems when applying for your green card or on handling other legal matters.

First, what is immigration fraud? It’s most commonly someone taking your money by promising you or a loved one a green card, and taking no action to do so. It might be  a lawyer you never sign a contract with, or more commonly an “immigration consultant” who makes promises and steals your money. In other words, it’s when a criminal steals your money.

How can you avoid it?

Hiring a Professional, Experienced Lawyer

You rarely need an immigration consultant: you need a lawyer. But remember, not all immigration lawyers are equal, and some are out to steal your money too. Some may take your money only to delay your filing for months if not years. Others simply take your money and run. If you hire a respected, experienced, and professional lawyer who works in immigration law, perhaps runs a local firm, and has references, you can avoid immigration fraud.

Who do you trust?
You are walking down the street, and a man you do not know asks to borrow $1,000. Would you give it? No, because you don’t know him and therefore cannot trust him. The point is that you should not put blind trust in anyone unless they have credentials. If they promise this process will be easy and cheap, you should be worried. If they have handled other immigration cases successfully, run or work in a law firm, then it’s reasonable to put some trust in them. But until you no for sure, spend no money.

Immigration Promises
As we just went over, if they promise getting your green card will be easy and cheap, that’s a red flag. While it does not always mean they are dishonest, they are likely playing with you in hopes of getting your money. If they promise something that surprises you, if they promise to get this done really fast, if they say payment upfront guarantees you’ll get a green card, be on guard.

The Guy They Know
Sometimes you’ll hear an immigration consultant or lawyer promising a “guy they know” on the inside of the U.S. immigration system. They may say he’s in the USCIS, for example, and can promise you an easy filing process. This is illegal if it were true, which it rarely is. There is no way to cheat the system, and if they actually try to do this, it can cost you the opportunity for a green card.

Lying
If someone asks you to lie to immigration officials, or to lie about certain facts on documents, that’s another red flag. If you do this, you are breaking the law. Worse, you’ll be paying someone to do so.

Make Sure He or She is a Lawyer
Sometimes immigration fraud occurs when you hire someone who says he or she is a lawyer but isn’t. This is quite common, and easy to check. You can ask them if they’ll be signing your papers as your legal counsel, and if they don’t, that means they may not be a lawyer at all. Before you hire them, though, is the best time to find out. You can look into their legal record beyond any documents they give you. If they have successfully handled immigration cases before,they should be able to prove it.

Immigration fraud is quite dangerous and can be costly in a variety of ways. If you’re still unsure, consider contacting professional legal counsel in your area and asking for advice.

September 22, 2010

Criminal History and Successful Immigration to the U.S.

One of the common problems immigrants face is having a prior criminal history. Your criminal history will show up on your record the majority of the time. What can you do to successfully immigrate to the United States if you have a criminal record?

First, know your rights. Even though you are an immigrant does not mean you have no rights. In fact, you have more rights than you might think. You have a right to legal representation, to apply for legal protection for asylum or as a refugee, even the right to appeal decisions in court. Yes, you have more rights after becoming a U.S. citizen, but you still have legal rights. That’s one of the best parts of immigrating to the U.S. in the first place. Even a green card can mean a great life change.

Second, know your situation
. Be honest with yourself. If you have a criminal history, you need to be completely honest about it. Also, understand what you did; know what’s on your background check.

Third, get a lawyer. If you’re going to make statements to immigration officials and in court, you need legal representation. An immigration lawyer is invaluable in ensuring you are legally protected. If you want a green card or desire citizenship, a lawyer is essential. And a lawyer is even more important if there are some questions about your past. If you have a drug violation, for example, it will be looked down upon. Understand that drug trafficking is a major problem on U.S. borders. But you still have a right to legal counsel.

What if you can’t afford legal representation? The best path to successful immigration to the United States is with an experienced lawyer. However, many lawyers understand you may lack the large amount of money needed to pay. Therefore, some are willing to negotiate with you. It doesn’t hurt to at least ask if price can be negotiable in some manner. All it takes is a phone call and a quick question. If you can save up the money, that’s even better.

What  if you’re denied entry because of your criminal history? How can you appeal immigration decisions? You have a right to question how the laws have been interpreted. Just as domestic court cases can go to appeals court, so can immigration issues. Judges are not above the law, and they make mistakes, just like immigration officials. The best way to appeal an immigration decision is to hire an experienced lawyer to represent you. If you have a lawyer, but are unhappy with the service and want to appeal with a new lawyer, that is perfectly legal.

Simply having a criminal record does not stop you from immigrating. The point of the criminal check is mainly to stop terrorists and drug traffickers. If you have a minor record, a professional immigration lawyer can help you immigrate legally.

Most importantly, an attorney with immigration appeals experience can help protect you from bad decisions. Judges are human; they make mistakes. A judge may not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors.

If you’re unsure of your criminal history, ask your lawyer to look into what’s on there. If you have no lawyer, it’s time to consider one experienced in immigration law.

September 20, 2010

What is an Immigration Background Check?

If you’re an immigrant, the idea of a background check may be scary. You sometimes don’t know what will come up. If you have a criminal history, it does not mean you will be denied entry, meaning you’re denied the right to live and work here in the U.S. as a permanent resident. It does mean you should follow the tips in this blog guide, most importantly in hiring an immigration lawyer.

What is the background check?
When you move to just about any country, you will have to submit to an investigation of who you are, what you do, and what problems you may have had. If you have a criminal history, obviously that will show up on your background check. In the U.S. and in many other countries, the rise of terrorism has made the background check more important. If you have a minor criminal history, you will not always have problems. But, if you have a long history of drug violations and drug trafficking, that’s a red flag, especially to U.S. custom officials.

Who checks?
You will be checked first by the IBIS (Interagency Border Inspection Service) for your name, then FBI (Federal Bureau of Investigation) fingerprint and name check. If the FBI check throws up some red flags, your case may be reviewed by the USCIS.

The FBI Check typically only takes 1-2 days. You may be investigated if said red flags pop up. The USCIS will have final say on whether you can be permitted a green card in the event you have a criminal record. For example, you may have been arrested as an illegal immigrant before, this comes up on a background check, and you are denied entry. Or you may simply have a drug trafficking history, therefore being a danger to society, and denied entry.

Getting Legal Help
You may want to find out what a background check says about you. While there are many systems for doing this, you’ll be needing legal representation if you want to immigrate. Now, it’s important to know what’s on your background check not only because it may affect your entry but because there may be errors on your background. You may have had no charges at all, only to find a violation on your record. A lawyer can consult with you on correcting such errors. More importantly, a lawyer gives you a high chance of successful immigration to the U.S.

Unsure if you need a lawyer? Most offer free consultations to prospective clients. You can find many in online directories and on blogs like this one. While lawyers do charge you a fee, solving problems like incorrect background information, and filling out documents correctly can really help your immigration status.

September 15, 2010

Getting Jobs – A Major Benefit of Immigrating to the U.S.

While it’s rarely overlooked, the point of this blog post is rarely made – that immigrants do come here for better jobs, that getting a green card can help you financially, and that citizenship allows you the most success as a worker in the world.

Why Immigrate?
Immigrating to the United States has almost solely been driven by employment reasons. Many do come here to reunite with families, and to escape troubled countries, but the main reason is for employment, both in our past and currently. Immigrating to the U.S. gives you and your family better opportunities. Simply put, the U.S. has some of the highest paying jobs in the world, especially when compared to less economically sound countries like Mexico.

Can You Work Here?
If you want to work in the  U.S. you need an immigrant visa. You can get a green card via employment when sponsored by an employer. The more common ways are to be sponsored by immediate family. If you marry a U.S. citizen, you have a right to apply for an immigrant visa. If your spouse only has a green card, the process does take longer. Immediate family can also sponsor you for a green card.

Benefits of a Green Card
A green card is the first step in earning citizenship. Once you’ve been in the U.S. consistently for five years, you can apply for citizenship. A green card grants you the right to live and work in the U.S., to start a family, and for your children born in the U.S. to become citizens immediately. You can also study at top schools, learning valuable talents so you can get some of the best jobs available.

Employment
As of this writing, the U.S. is going through a recession. But still all kinds of jobs, from labor to technical, are needed, and immigrants can fill them. One mistake many make is that immigrants take away citizen’s jobs. In fact, immigrants fill unwanted jobs, add money to the economy, and also add value to businesses by achieving in more technical jobs.

Just coming to the U.S. does not immediately mean you will get the best job available. With almost 10% of the population unemployed, many are out of work. However, if you put time and money into learning a skill, there will always be opportunities. Immigrants fill hundreds of thousands of jobs every year, and not just low-paying jobs. If you have a skill, a business will put value on your services.

Citizenship and Benefits
Say you get a green card. You live, work, and study here for 5 years, and then become a naturalized U.S. citizen. By putting the time in working and studying, you’ve likely increased the value of your services. There is no guarantee of a high-paying job, but there is a good chance. Perhaps more importantly, as a U.S. citizen you are paying taxes; this helps more than the government as you are eligible for unemployment and other benefits of being a citizen. By paying taxes, you will also be eligible for social security benefits at retirement age or if you become disabled.

Getting jobs in the U.S. has not been easy in the past years. But immigrants who put the time and effort into learning skills are prized by employers who always have a demand for talented, hard working individuals.

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