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 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.

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 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 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.

November 5, 2010

Legal vs Illegal Immigration

You receive far more opportunities when you legally immigrate to the U.S. when compared to immigrating illegally. Why not come illegally? What if you’re denied a green card and decide to break the laws? This guide explains the differences between legal and illegal immigration.

Benefits of Legal Immigration
You get better jobs. You get more opportunities for your family. You can get a better education. You can become a citizen. With citizenship, you can vote. You pay taxes, therefore becoming eligible for benefits. The benefits are numerous. You lose them if you illegally immigrate.

Dangers of Illegal Immigration

Beyond breaking your country and U.S. immigration laws, illegally immigrating itself can be quite dangerous. Why? Say for example you try to illegally immigrate from Mexico. Every year, hundreds die of exposure and the elements. A car may break down, forcing you to walk. Someone dishonest may take your money and try to cheat you out of more. The walk to the border may be longer, hotter, and more dangerous than you originally thought.  Those who help illegal immigrants – always for a fee –  are not the type of people you want to deal with. Some immigrants are taken advantage of – forced into slavery, prostitution, even getting involved in the drug trade. You always have options beyond illegal immigration. If you are caught, you can be penalized both by your home country and by the U.S., including jail time and fines.

The Employer Question
Employers who take part in illegal immigration are also in danger of being penalized, often quite severely. On the other hand, if you legally immigrate, legally get a job, there are laws for how you are treated, what income you can get (by law there is a minimum wage), and the opportunity for benefits.

Are You Unsure of the Laws?
Illegal immigration often occurs because immigrants are unsure of basic laws. Sometimes confusion can lead to problems. You may be promised by an immigration lawyer that he has someone working at the USCIS who can help you immigrate. Even if this were true – and it rarely is – that would be breaking the law. If you are ever unsure, consult with an experienced immigration lawyer, or start researching the subject. To research the subject, go to official government sites, sites by respected lawyers, and blogs focused on the subject (like this one).

Getting Legal Help
While there are some dishonest immigration lawyers, there are many more honest ones. First, pay a fair fee. Second, look for references and experience. Third, be sure they are actual immigration lawyers, and will appear in court on your behalf. And finally, if they offer to break laws for you, get a new lawyer.

October 25, 2010

Why Does it Take So Long to Get a Green Card?

There are security issues involved with immigrating to the U.S., and understandably so. The USCIS is spending much more time on who they allow into the country. Why? The events of 9/11 changed the country, and led to much more oversight on immigration. In other words, it takes longer to get a visa and green card because of security reasons.

How long does it take to get a green card?

The time table for getting a green card does vary. It depends on if you are sponsored or not, first of all. If you are sponsored by immediate family, the process can be much faster. If you cannot be sponsored by immediate family, a spouse, or an employer, it takes much longer. On the other hand, if you apply for the green card lottery and are accepted, even without being sponsored you can save plenty of time.

So again, how long should it take? Some immigrants only have to wait a few months. In other cases, you have to wait years. An immigration lawyer is invaluable in speeding up this process. You will be submitting documents to the USCIS and if you make mistakes – mistakes a lawyer can help you avoid – it can cost you some valuable time. Sometimes you have to wait years if there are problems, but with the help of a lawyer it can be a matter of months. It depends on your situation and what lawyer you consult with.

Why get a green card?

A green card allows for you to live in the U.S. for up to 10 years. It’s also a first step in becoming a naturalized U.S. citizen. You can live, study, work, and raise a family. You have more opportunities for high paying jobs than most other countries in the world.

Why try for citizenship?

Citizens have the most rights in the U.S. Most immigrants first get a green card, then are naturalized. Why become naturalized? You can vote, work all jobs, serve in the armed forces, be eligible for benefits, can never be deported, and do not have to reapply every 10 years for your green card or worrying about traveling. If you break U.S. laws while a permanent resident (meaning you have a green card), you can be deported; but not if you are a citizen. If you travel extensively, it can endanger your green card status; this is not a problem if you’re a citizen.

Who can help?
If you are unsure of where to begin, it’s time to consult with an experienced immigration lawyer. If you have goals and dreams, immigrating to the U.S. can make them happen. A lawyer can ensure you fill out documents correctly, so your green card isn’t delayed. And when you are ready to apply for citizenship, a lawyer is invaluable in explaining your options and helping you succeed.

Where do you get more information?

There are many resources online to get help with immigration issues. If you are unsure of the laws, consult with an immigration lawyer. You can also use USCIS.org as a reference point to understand U.S. immigration laws. And blogs like this one can also explain key issues.

October 22, 2010

Applying for U.S. Citizenship and How Decisions Are Made

How do you apply for U.S. citizenship?
If you have a green card, you can be naturalized as a citizen if you fit the criteria, including being over 18 years of age and having been in the U.S. at least 5 years. You will be submitting what’s called the Form N-400 when applying for naturalization. If you’re parents are U.S. citizens, and you are not, according to the the official USCIS site you can be naturalized. If you were born in the U.S., you are legally a citizen. If you were not, your parents immigrated, and they became citizens, the process is very simple.

The Naturalization Test

Once you fill out the citizenship forms accurately and honestly, you will be asked to take a test on English, U.S. history, and the government. These tests can be difficult for some of us, even U.S. citizens. According to the USCIS site: “During your interview, a USCIS officer will test your ability to read, write, and speak English and your knowledge of civics. You must read one sentence out of three sentences correctly in English, and you must write one sentence out of three sentences correctly in English.” You will also have to score high enough on the civics questions, getting at least 6 of 10 correct. If this is scary for you, don’t worry – there are many web resources for you to prepare, including this USCIS Resource.

How is the decision made?
You have three possible outcomes after taking the naturalization tests. You can have your citizenship request granted, continued, or denied. If granted, that’s good! You can finish up the process for becoming a naturalized U.S. citizen by taking an oath. If your application is continued, that means there are some problems that need to be resolved prior to citizenship being granted. You’ll get a letter explaining the problem and how it might be resolved.  Even if your application is denied, which means you will not be naturalized, you can appeal the decision.

Why work so hard for naturalization?
If you have a green card, you must reapply ever 10 years, maintain your residence in the U.S., and also be in danger of deportation if you break the law.  U.S. Citizens have the most rights, the most opportunities for jobs and education, and can sponsor spouses and immediate family for citizenship and green cards.

Who can help?
If you are worried about taking the naturalization test, have had your application continued or denied, or simply have some basic questions on the process, that is completely understandable. Save yourself some time and worry, and reap the rewards of citizenship by discussing your issues with an immigration lawyer.

October 20, 2010

Dangers of Illegal Immigration for the Immigrants Themselves

While sometimes we worry about how illegal immigration takes jobs away, hurts state budgets, causes an increase in crime and problems with drug trafficking, there are dangers for the immigrants themselves. If you are an immigrant deciding on whether or not to come to the U.S. illegally, bear in mind the many dangers involved.

Slavery
While you do not see immigrants becoming slaves in the U.S., there is the potential for deceit in how they are transported. If you are look to immigrate, you might pay someone to let you board their ship or truck in order to get to the U.S. Sometimes you do not end up in the U.S. You may be taken advantage of in a variety of means, such as slavery or prostitution. Many women, for example, are smuggled into the United States to be prostitutes.

Prostitution

Prostitution can and should be linked to slavery. There are many cases of immigrants being promised one thing and given another. There are reports of women from foreign countries being promised good jobs and money if they take this job in another country. Then, when they are transported far away from their home, they’re, to be put it simply, enslaved. Away from home and with few protections, they are forced to choose between running or being prostitutes. This may seem outlandish, but it does happen.

Death
Every year on the Mexican border, hundreds who are looking to immigrate to the U.S. die of exposure to the elements. This occurs for a variety of reasons. With the extreme heat of the Mexican U.S. border, those who try to travel by foot or who are forced to walk some distance die. It’s a small proportion of the illegal immigrants, but a serious danger.

What are your options?
You can come to the U.S. legally. This is always your best option. For some, it may not be possible, but because of the many dangers of illegal immigration to the U.S., for both men and women, risking your life is not worth it.

If you have family in the U.S., you may be sponsored by them. You may try to come in through an employment visa. You also have a chance, in certain countries, of being eligible for the green card lottery, where immigrants from countries who send lower numbers of people to the U.S. can be eligible. Mexico by far has the most immigrants, and illegal immigrants, coming to the U.S. You will not be eligible for the green card lottery if you’re from Mexico, but you still have many options.

Who can help?
If you’re unsure of what to do, it’s time to speak with an experienced immigration lawyer. This is your best chance to safely immigrate to the U.S. Almost always, you have more options than you think. If you come here illegally, you risk your life, and sometimes your family’s lives too.

October 12, 2010

Why Spend Money On an Immigration Lawyer?

It’s time to put some value into hiring an experienced immigration lawyer. Where do you  begin when hiring a lawyer? Do you really need one to get a green card or earn citizenship? Is it worth spending thousands of dollars?

If you can’t afford a lawyer, it’s understandable you may question giving him or her money you simply don’t have. You may either have to wait until you can afford a lawyer or try to go without one. However, if you have trouble with the English language, have never attempted to immigrate before, and are unaware of the laws involved, you may have trouble.

Is a lawyer worth it? Immigration lawyer fees vary depending on the nature of the case. Some may be willing to negotiate with you, and many offer free consultations to get started. Since few immigrants come here with tens of thousands saved up, you can easily get an experienced immigration lawyer for a fair fee. If you get a job paying twice or more than you are making currently, it’s definitely worth it.

Where do you find a lawyer? Searching online is good, but you should consult with as many lawyers as possible. Be weary of lawyers who promise rock bottom rates or say that they have insider knowledge on U.S. immigration. They may say they know someone in the USCIS (United States Citizenship and Immigration Service), which is almost always either a lie or illegal. Some call themselves “immigration consultants” and rarely do more than take your money.

In order to find a good fit, contact experienced immigration lawyers you find online. If you consult with ten lawyers, for example, and compare price, availability, and experience, you should be able to find a winner. The good thing about online is you can send emails 24/7, or fill out a basic form and get a call. Remember that even though a lawyer may be very good, offers fair prices, and has experience, he or she may not have the availability to really help you.

What does an immigration lawyer do? He ensures you stay within all U.S. immigration laws. If you want a green card, you have more options than you might think. While being sponsored by immediate family is the easiest, you might be able to try the green card lottery or find an employer willing to sponsor you. Few of us can understand all the legal terms when filling out documents, and that includes immigrants. You may struggle with the English language or simply have no legal knowledge. It’s nothing to be ashamed of, and it’s a good reason to hire a lawyer.

Is a lawyer worth a large portion of your income? Sometimes, he or she can help you make much more money over time. The sooner you get to the U.S., the more opportunities you and your family will have.

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.

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