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

September 13, 2010

Why Immigrants Help Our Economy

In a recent blog post on SpeakEasy, Mark Engler points out the many myths of immigration and the reality of our situation today. The economy is in a major recession with unemployment, foreclosure, and bankruptcy rates rising. So far, in comparison to 2009, we have made little gains in unemployment, foreclosures are up by almost 20%, and bankruptcy rates are on pace again to be well over 1 million. While all these things are major downsides, there is some good to be had. And it certainly does not mean we should start pointing fingers at immigrants, new and old.

What the Economy Means to Immigrants

The economy is going through a recession worldwide. Some countries in Europe, especially Greece, are in dire straights. But in the U.S. immigrants too are suffering through a lack of jobs. And immigrants are not creating any problems for citizens in terms of getting jobs (a common myth). In fact, as this piece will show, immigrants are increasing pay rates and helping rebuild the economy.

Unemployment and Immigration
There is little evidence that immigrants take some of any jobs from U.S. citizens. Engler, in his blog post, cites a banking study on how immigrants affect our economy. While the study points out immigrants have “scant” affects on unemployment, it would be wrong to say they take no jobs. However, there is little evidence they actually take jobs from Americans. At the least, they boost all of our pay rates, put money into the economy, and work just as hard as any of us.  These all in turn help unemployment.

Pay Raises and Immigration

How do immigrants put money in your pocket? The banking study points out each U.S. citizen makes an average of about $5,000 more money because of immigrants. Immigrants put money into the economy, but also increase demand for specialized jobs. Some of us may feel this increase in pay rates more than others, but it’s surprising evidence on the value of immigrants.

Hard Work and Immigrants

Well, let’s not stereotype: not all immigrants are hard workers just as not all citizens are. But through the centuries immigrants to the U.S. have built entire cities based on their labor. The largest group of immigrants come from Mexico. It used to be Europe. In both cases, workers filled jobs for key labor  industries many citizens do not want. Immigrants are working hard to move up the ladder. More than ever, immigrants are taking advantage of the valuable education benefits of living in the U.S. We would not have higher pay scales if all or a majority of immigrants added no value to the work force.

New Jobs and Immigration

Finally, immigrants create jobs, they don’t take them. True, there aren’t hundreds of thousands of jobs being created by immigrants right now because of our sluggish economy, but the fact is by paying taxes, by buying items, by paying for homes, immigrants are adding to our nation’s income. These all in turn create new jobs in a variety of fields because of demand.

Immigrants rarely come here to get unemployment and welfare benefits. They come to work and live the American dream.

September 8, 2010

How To Help Your Immigration Lawyer

You may think that immigration lawyers need only your money and a handshake in order to best help you. It does not work like that. Your lawyer, just as in a criminal law or personal injury case, needs your help in order to give help. This blog guide explains how you can best help them.

Hiring the Best Immigration Lawyer
First off, you need to find the right immigration lawyer. You should hire one who is an authority on your particular situation. If you’re applying for a green card, you might focus on ones who specializes in green card law. If you are considering citizenship after living in the U.S. for some time, you might get an experienced immigration lawyer who has helped clients with naturalization. You need not go for specialty, as an experienced lawyer can handle a variety of cases. You should, though, base your hiring on experience. You should also factor in price; it’s pointless if you can’t afford them.

Communicate Concerns

To help your lawyer, explain your fears. You may wonder if you have no chance of eligibility, or how a criminal charge against you will affect your status. There is nothing wrong with having concerns as long as you admit them and act.

Ask for Help

Sometimes asking anyone for help can be tough, but when it comes to a lawyer, you have to. You are asking for help in getting this process completely successfully. If you want further help, such as on sponsoring other immediate family for a green card, your lawyer can and should be able to help.

Be Honest
If you lie to your lawyer, it only hurts you. Many consider lying on immigration documents and to lawyers because of a fear of being rejected. This is understandable, but in order to truly help your lawyer help you, be completely honest. Anything you say will be kept confidential, and the problem may be a minor one. If you lie on documents and it’s found out, you can severely hurt your chances of ever getting a green card or earning naturalization.

Be Fair
Your lawyer is not able to solve all problems, work for free, and work miracles. Immigration law is quite complex, and has become more complicated in recent years. You cannot expect your lawyer to be able to solve any problem that comes, but he or she should be able to help. In order to pay for a professional service, you need to pay a professional rate, and that means basing your payment on experience and results. Finally, you may not have a strong claim to a green card or citizenship; a good lawyer may be able to help in many ways, but can’t always work a miracle.

September 1, 2010

6 Green Card Laws You Need to Know

Some immigration laws can be difficult to understand, especially regarding green cards.  This blog guide is an answer to those questions, providing a simple overview of green card law.

What Your Rights Are
You have the right to live and work in the United States if you have a green card or are a citizen. A green card gives you the right to stay and work, though technically you have more rights as a citizen. If you break the law, you can be prosecuted.

You Can Still Be Deported
Having a green card is no guarantee of legal protection. If you break criminal laws, especially those with jail time involved, you can be deported. Infractions are minor violations you will rarely have trouble with as long as you don’t get too many. Misdemeanors and felonies are, on the other hand, more serious and can lead to deportation. If you have been charged with a crime, you need an experienced lawyer.

Green Cards Expire

A green card, being a permanent resident of the U.S., is not a lifetime event. You have to reapply in order to keep it. If you earn citizenship, you have no need to reapply. But otherwise, you need to reapply every 10 years.

If You Lose Your Card, It’s No Problem
Simply losing your green card or having it stolen does not mean your status is in jeopardy. Some believe you must have your green card ready at all times, and that with no green card you can be deported. As long as apply for a replacement, you are fine.

If You Have Family Here, You Can Be Sponsored
If you have family in the United States, you have the opportunity to be sponsored for a green card. If immediate family are citizens, you may be able to apply for citizenship, common with spouses. If any family who are not immediate family are citizens, they can sponsor you for a green card. If your immediate family have a green card, they too can sponsor you for a green card.

A Green Card Does Not Guarantee Citizenship

A green card is not a guarantee of citizenship. It is a good first step, but it does not mean you will be able to successfully apply for citizenship.

If you are unsure about green card laws, your best resource is an experienced immigration lawyer. He or she can explain how the laws work, what laws you must be aware of, help you fill out applications, and also give tips on becoming a U.S. citizen. A lawyer is invaluable in protecting your rights.

August 27, 2010

What is an Immigration Hold?

An immigration hold is also called an immigration detainer. It means that the Immigration and Customs Enforcement (ICE) branch is making a claim against an immigrant being held in state or federal jail. You may have broken a law, been charged with a  felony, and face some jail time. What happens is the ICE can take you from the jail and deport you, though giving you a chance to plead your case.

Being deported is very scary. You had the chance to live in here, but some mistakes were made. The problem is that immigration law itself is such a divisive issue. And today the ICE has more legal power and the desire to deport immigrants who’ve overstayed their time here or broken criminal laws.

What can you be deported for?
There are three kinds of crimes: infractions, misdemeanors, and felonies. An infraction is a minor mistake like speeding or running a stop sign. A misdemeanor is more serious, such as a drinking and driving DUI arrest, where you can be deported. Felonies are the worst, such as assaulting someone, and quite often come with jail time. If you end up going to jail, the ICE can take you from jail and give you a hearing. You will then be asked on the nature of the crime, have the opportunity to post bail, and possibly face deportation.

Assuming you have a green card, you are in danger of deportation. That’s why citizenship is desired by many: you cannot be deported.

What happens after?
The ICE will find you, hold you, and decide what to do next. They will go over your information, and give you a chance to explain yourself. In most serious crimes, you can be deported. The ICE will be going through your immigration status, so that if you are here illegally, no matter the crime, you are now in danger of being deported.

Getting Immigration Law Help
An immigration hold requires the help of a very knowledgeable immigration lawyer. Being deported is the worst possible thing which can occur. You should also consult with a criminal lawyer on how best to defend yourself. In order to properly know your rights, and to stay here, an immigration lawyer is invaluable. But in any misdemeanor or felony charge, you also should hire a criminal lawyer. Even though you are an immigrant, you still have legal rights. A lawyer can help defend them.

August 25, 2010

If You Get Criminal Charges as an Immigrant

Getting criminal charges in the first place is never easy or fun. But being charged with a  crime as an immigrant can put your stay in the United States in jeopardy. This blog guide explains what you need to know about the contract you make with the U.S. government, how the type of crime can change your stay here, if you should plead guilty, how to move on, and how an immigration lawyer can help.

The Contract

The problem inherent in committing a crime as an immigrant is what you did to legally stay here. You promised the U.S. government that you would abide by the rules everyone else is supposed to follow. True, citizens break the law, but they are are prosecuted. As an immigrant, by breaking the law you risk deportation. If you are a citizen, you cannot be deported, only punished in other ways. The point here is that you should avoid at all costs breaking any laws while you lack citizenship. You are better protected if you make a mistake as a citizen.

The Crime
What happens when an immigrant breaks laws is many two major points are factored in: the type of the crime and the penalties involved. In the U.S., you can be charged with an infraction, a misdemeanor, or a felony. Infractions are very common, such as getting a speeding ticket; this rarely affects your immigrant status. Misdemeanors are much more serious, including DUI (driving under the influence of alcohol or drugs) and assault. If you commit a misdemeanor, you may face jail time, and that will affect your immigration status. Felonies are the most serious, where you are to spend a minimum years time in a county or state prison. If you get a felony, your immigration status is in jeopardy and you need an experienced lawyer.

What should you do after a crime?

Your immigration status is based on the time served in prison. The more time you spend in jail, the greater the chances this will affect you. You face deportation if you spend a lot of time in prison.

How can you move on?
Just getting a criminal charge does not mean you will always spend time in jail or prison, nor does it mean you’ll always be deported. The important thing to do is keep your immigration status protected. That means staying within the laws .The more penalties you get, the worse your situation. The best way to move on is to hire an experienced lawyer.

Who can help?

You may need a criminal law lawyer too, but you should be consulting with an immigration lawyer as well, especially if you’ve been charged with a serious crime. Defending yourself is close to impossible, and knowing how the crimes will affect your status is very complex. If you’re unsure, it’s time to call some legal help.

August 23, 2010

Are You Eligible for U.S. Citizenship? Some Tips on Successful Naturalization

Immigrating to the United States has many inherent advantages. A better life can be a found here, a better job, a better education for you and your family, and more rights than many other countries, such as the right to vote and financial help. This is why so many immigrate to the U.S. But how can you immigrate? One option is getting a green card by being sponsored by immediate family or by an employer. Once you get here, you may want even more rights than a permanent residency gives. That means you want to be a naturalized U.S. citizen, who has the most legal rights of any person in the country.

How do you know if you’re eligible for citizenship? What can you do to improve your chances of success? How much will it cost? And who can help? Let’s find out.

Criteria for Naturalization – Becoming a U.S. Citizen

The laws below govern whether you can be naturalized. If you do not meet any of the following guidelines, you will not be able to earn citizenship just yet.

-You have been in the U.S. as a legal resident for at least five years. If you are here as a refugee other for asylum, you need to speak with a lawyer as you may be eligible.
-You have been present in the U.S. for at least half of said five years.
-You have been in the state you’re applying for citizenship in for at least three months. So if you’re in Virginia, you must have been there for a minimum of three months before you can apply for citizenship.
-You have not traveled outside the U.S. for more than a year.
-Your main home is not in another country. So if you have a permanent home in Mexico, you may not be eligible.
-You can speak, read, and write in the English language.
-You have good moral character (just a way of avoiding criminals).
-You can pass a test on U.S. history and government.
-Finally, you can swear to the ideas of the Constitution and will be loyal to the U.S.

What if you are not eligible?

Remember, in order to apply for citizenship you must first be a permanent resident – having a green card. If you are not eligible, as you can see from the above guidelines, you will likely get another opportunity. For example, you may have only been a resident for four years, meaning you need only wait one year for the opportunity for citizenship. Or you may have recently moved to another state and have only been there one month: in this case, you need only wait a few more months to apply for citizenship.

How can you improve your chances of success?

First off, you need an immigration lawyer. He or she is invaluable in this process. You can save you a lot of time and headaches by hiring an experienced lawyer. That’s the best way to ensure all the applications are filed correctly. Also, you can consult with any family you have who might have successfully earned citizenship. They may be able to give you some basic advice on what to expect on tests and such. As to taking the tests, they are not impossible, and if you put some time into studying, if you already have a grasp of the English language, you should have no problems.

Who can help?

An immigration lawyer is invaluable. There are many who help immigrants trying to earn citizenship. Look for experience first, then factor in the price of the lawyer.

August 18, 2010

Illegal Immigration FAQ

This blog guide focuses on the argument of illegal immigration, the problems it has caused, and also the benefits of having illegal immigrants in the country. That last point may confuse you:  pros of illegal immigration? There are some clear reasons illegal immigrants can help our country. Though this issue is very divisive, it’s too important to ignore. Let’s start with why immigrants are coming to the United States illegally.

Why are they immigrating illegally?
America was once considered the place where dreams happened. It quite often still is. Even with our recent economic downturn, even with job loss in recent years, it’s still the place with the most opportunities for most in the Western Hemisphere. You can quite often live a safer live, work a job which pays more, and give more opportunities to your children. You have far more rights than most countries – you can sue, get proper medical care, and vote in elections. These may seem simple, but to many they are big benefits. People immigrate to the U.S. for better lives.

The Pros of Illegal Immigration

While you may think immigrants take jobs, some say they keep the economy going by fulfilling low-paying jobs. This may not seem fair, but quite often its much more than they would make in their native country. You then get a better state of life; where some families are forced to live on several dollars a day in other countries, in the U.S. jobs allow you to live much better.

Also, illegal immigrants pay taxes in the billions. They pay sales taxes, but also in some cases real estate taxes. If they are made permanent residents, they also pay income tax. And in either case, they buy things far beyond food. In terms of the economy, they are not a drain, but a boost.

Cons of Illegal Immigration
Beyond the simple fact illegal immigrants break the laws by staying here, some also commit other crimes. Drug trafficking, for example, is a problem on the Mexican border. Drugs bring new criminals to the country, while also damaging the lives of those who use them. Because of the increased crime rate, local, state, and federal governments have to hire more personnel and spend more funds. One controversial point is that illegal immigrants also come here solely because of government support systems such as welfare and disability.

The Winner?

Both sides have clear cases. The pros are mainly economic, while the cons are mostly criminal law points. There is no winner. Illegal immigration is a problem with no easy solution. It is important to remember both sides have points. Some of the above may be disagreeable to you, and in a free country, you’re allowed to say so. Some immigrants simply want a better life where they can support their families with honest work and have the rights to freedom and liberty.

August 16, 2010

7 Tips On Meeting with Your Immigration Lawyer

Hiring an immigration lawyer is perhaps the defining legal moment of your life. Why is that? An immigration lawyer can be instrumental in you being allowed to live, study, and work in the United States, while also affecting your immediate family who you can sponsor for immigration. The laws are quite complex, but a lawyer’s job is to help you navigate these laws. This blog guide goes over how you can and should meet with your immigration lawyer.

Get to Know Them
At your first meeting, it can be easy to go into legal matters, asking fees, questions on availability, and seeing how much experience they really have. What’s often overlooked is the fact that you should also get to know this person; they will be integral in getting your green card and becoming naturalized. By getting to know your lawyer with a short but important consultation, you can better decide if he or she is capable of helping you.

The Lawyer Is Boss

Let the lawyer handle the conversation. That may seem odd, as you have dozens of questions. But it can save time when meeting with your lawyer to let him or her control the initial discussion; he or she can go over many key questions and concerns you may have not thought of, and answer them quickly. You should also have your own questions and concerns ready once the lawyer goes over the basics.

Tell the Bad

Have you made mistakes in immigrating to the U.S.? Perhaps you were here illegally at some point, or you stayed longer than your visa allowed. Your immigration lawyer is legally bound to keep everything you tell him or her private; this is the lawyer client privilege. So if you made some mistakes, the best person to tell them to is your lawyer.

The Lawyer Helps

As immigration law can be confusing, you may not know of all your options. A lawyer can explain other opportunities you or your family may have in immigrating to the U.S.

How should you continue?
Be well prepared for this meeting, because your lawyer can give essential tips to get this process going. The more prepared you are, the more productive this meeting will be.

Promises
You want guarantees from your lawyer, but the bigger they are, the harder to fulfill they can be. If a lawyer promises he’s never lost an immigration case, of any kind, this is a warning sign. It may in fact be true, but few immigration lawyers have perfect success rates.

The Fine Print
Finally, meeting with your immigration lawyer is not all about talking; it’s also about going over legal agreements. If you sit down and your lawyer asks you to sign a 20 page letter full of language you don’t understand, this too can be a warning sign. Only sign contracts you understand, that are in plain English, and do not have a lot of fine print.

August 13, 2010

Facts on Marriage and Immigration

Coming to the United States has immense benefits, but it can be costly in terms of time and money. You need the right legal guide in order to successfully immigrate to the U.S. Perhaps one of the most law subjects is immigration via marriage. If you’re married to someone who’s not a U.S. citizen like you are … if your husband has a green card but you don’t … if you are about to marry and one of your has a green card but the other does not – these situations are quite common. How can you get help? Reading this blog guide is a good start, so let’s start with legal representation and then go into marriage and immigration laws.

Who can help?
You can go to many sites online looking for help, but only get more confused. That’s okay, because immigration law itself is very complex. Your best option is to consult with an immigration lawyer, especially someone with fiance and marriage immigration experience. You can find lawyers across the country, but you should get one close to you, who has the legal experience to help you, who you can communicate with and ask questions to successfully, and who you can afford.

You want one local because a face-to-face meeting is quite important. You want one with experience in handling immigration cases to ensure you make no mistakes on any forms and also not break any laws. You want one who you can ask more than basic questions, who can explain things easily to you, mainly because it’s invaluable to have a good understanding of the process. Sometimes the bottom line, lawyer fees, is your first way of hiring. If you can’t afford them, it’s good to know that beforehand. But an experienced immigration lawyer who charges somewhat more may have the knowledge you need.

What if you misuse a visa?

One problem many face, beyond hiring the right lawyer, is actually staying within the laws. Say for example your fiance comes to the U.S. before getting his green card; in this instance, he’s misusing his visa because he came here with the intention of staying. You need to get a green card first.

Are you eligible for a green card?

If you are engaged but not married, your fiance can get a green card by proving the intent to marry a U.S. citizen, have met you within the past two years, and be legally able to marry.

If you are already married and want your spouse to get a green card, you need to be legally married, though it does not matter what country, to a U.S. citizen. You cannot be married to someone else at the same time,  and you cannot be married to someone who has another wife or husband.

In both cases of engagement and marriage, they cannot be based on lies. This may seem obvious, but some try to get into the country by marrying only to get the green card, likely parting ways with their spouse after. This goes against the nature of the law.

What is the difference with a fiance green card?
As you can see, there are some differences between getting a green card through a fiance and through marriage. If you are engaged, the eligibility requirements are different than being married.

How can you prove this engagement or marriage is real?
The easiest way to prove your intentions are true is to be married and have a copy of the marriage certificate. You need a government annotated marriage certificate, even if you are from another country. To  prove your fiance visa is valid, you need to show a variety of things: marriage arrangements, any love letters, proof you met within the last 2 years via plane tickets, and sometimes more.

This can all get complex, especially in applying for a fiance visa. If you have any questions, contact a professional immigration lawyer today.

August 9, 2010

Immigration Lawyer Fees FAQ

Immigration may seem expensive on paper, but when you factor in all the advantages of living, studying, and working in the United States, these fees are minor. While some immigrants have misconceptions when it comes to how much better the U.S. is than other countries, it’s true that you and your family do get far more opportunities. What fees do you have to pay to get help from an immigration lawyer?

Basic Rates
Immigration lawyers either charge you an hourly rate or a flat fee. These vary, but most hourly rates go between $100 and $300. It may be better to consult with a lawyer who offers a free initial consultation, and also who offers the flat fee. Otherwise, you may have to pay more via hourly and paid consultations. It should be said that many immigration lawyers are worth far more than they charge: immigration applications can be very complex, especially to those still learning the language.

Filing Forms
If you need some help to actually file the forms, this typically is charged from $400 to $700, in addition to the USCIS fees. USCIS fees can be found online, or you can ask your immigration lawyer. One common need is in filing visa cases, and these are somewhat pricier. You can expect to pay $2000 to $10,000 depending on the complexity of your case. Usually these are $2,000 to $3,000, but in some instances an experienced lawyer or one who has to travel charges more.

What is a retainer?

A retainer is the payment you give an immigration lawyer upfront.  It’s common for your lawyer to ask for a portion of the total if not several hours work as an upfront payment before beginning. Once the retainer runs out, further work will have to be paid.

Work Visas
If you want to work in the United States and have an interest employer, an immigration lawyer can be very valuable. Usually either the business covers the entire costs or pays for a consultation for $200 to $300 and files the work visa paperwork itself.

How much for application fees?
Visa application fees, beyond the lawyer, will typically cost a total of $2,000 on average. Sometimes you pay less, sometimes more, though these costs are minimal.

Can you do it yourself?
It is very possible to handle this work yourself. If you can afford it, it can save you a lot of time and headaches to hire an experienced immigration lawyer. If you can’t afford it, and do not know the language well, that does not mean you cannot do it yourself. The value of an immigration lawyer cannot be underestimated. If you have trouble filling out the forms, you can always  hire the lawyer after seeing doing it yourself is impossible.

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