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 3, 2010

6 Provisions of the Arizona Immigration Law

There is a lot of confusion and uproar about the Arizona immigration laws debate. It’s understandable that this is a divisive issue. This blog piece will not state whether the law is correct or not. The points here will be on what the immigrant laws mean to you, your family, and your employer.

Registration
Under federal law, any immigrant over the age of 13 who is in the country longer than 30 days must be registered. Also, under federal law you are supposed to carry your registration documents at all times. If you fail to have proper documents, you can be penalized. Arizona’s new law is trying to put action behind these words.

Documents and Penalties
If you are an immigrant, walk down the street, are stopped by an officer, and lack documents, you can be charged with a misdemeanor. Infractions are for minor offenses such as a speeding ticket, with minor penalties. In comparison, misdemeanors are much stiffer, with potential for high fines, some jail time, and probation. The worse penalty to get in such a situation is a felony, which can lead to major criminal charges, but are rarely used for immigration purposes.

First and Further Offenses
According to the Arizona immigration laws, even a first offense for lacking documents can lead to some big penalties. While you only pay up to $100, you can spend up to 20 days in jail and have to pay for court costs such as a lawyer. If you get another offense, it may mean as much as 30 days in jail.

What ID?
If you have a Arizona drivers license, that is all you need to show any officer who might stop you, according to the law. If you lack a license, a nonoperating identification license, tribal identification, or federal, state, or local government ID will work.

If You Interfere
One cause for commotion on this proposed law is how you can be charged with a crime simply for interfering with the legal process. If a local city official, for example, interferes with the federal laws being enforced, he can be sued by a citizen. And if the citizen wins, the city official has to pay lawyer and court fees.

Hiring and Traffic
Another odd part of the law goes into how immigrants, some legal and some not, are getting work. A typical event is for employers in industries such as construction to stop and pick up a group of immigrants in need of work. The Arizona law now makes it illegal to stop in the street to pick up workers, with some major penalties involved.

You may be scratching your head at some of these laws. There may be some good and bad here. While some of these are making enforcement of federal laws a reality, some are obviously designed at capturing illegals. Deporting them is the next step.

August 2, 2010

5 Answers On Choosing from Many Immigration Lawyers

One common problem faced by immigrants unaware of immigration laws is how to get the correct information and the right representation. This process can be very difficult when you are choosing between literally thousands of qualified lawyers. On the other hand, you may have hired an immigration lawyer, but want a new one. In cases where you hired the wrong lawyer, this blog guide gives some tips, along with how to choose between the great number of lawyers available.

Where do you find them?

You can find immigration lawyers through references, by going to local offices, looking online, and also by making some phone calls. It does depend on where you are. Say you are interested in getting a green card. In this case, you can hire a lawyer from just about anywhere in the U.S., but the closer to you the better. You may want to make a visit here with the goal of finding a lawyer. If you go to a big city, there are quite often immigration lawyers available. On the other hand, you may prefer choosing one online, as you have literally thousands of options, you can find out rates, and you can see experience.

Can you fire your lawyer?

You can almost always fire your lawyer when it comes to any legal matter. It may get complicated if you have an ongoing immigration case, but there is no point where you can’t fire them; it’s your legal right. You will still have to pay whatever fees were involved up to the point you fired them.

What if your lawyer fails?
Quite often lawyers promise their clients too much in the hopes of getting money. In any legal matter, there is a chance of failure. Just because you, for example, failed to become a naturalized U.S. citizen does not mean you fire your lawyer. If you feel your lawyer acted in the wrong, made too many mistakes, or charged you too much, you may consider going ahead and firing them.

How much does it cost?
Immigration to the United States is not always easy nor cheap. It takes some time for you to get a green card or citizenship, unless you have immediate family in the country. However, immigration lawyers know that immigrants rarely are rich when they come here; they come for the opportunity to make more. The best way to find out rates is to consult with 5-10 immigration lawyers about rates, if not more.

How do you hire the right one?
We just mentioned one part of this answer: consult with a good number of lawyers. Don’t hire the cheapest one or the one who promises it will be an easy case. Immigration is rarely if ever a simple process; it takes time and hard work. Focus on experience, availability, rates, and how well you get along with the lawyer.

July 26, 2010

What You Need to Know About Immigration Reform

While health care reform has taken center stage of late, now we have a chance to really consider  immigration reform. This guide points to opinions on both sides, right and left, and focuses on how we might bridge the gap, improve the country, and handle the immigration reform.

What is immigration reform?
Immigration reform is an idea trying to resolve a problem: the many undocumented workers in the United States. Some studies have pointed out there are as many as 20 million undocumented workers in the U.S. The two sides are those who want them to be forced to leave, and those who want amnesty. Both sides have clear points. If all illegals were granted amnesty, it would almost condone the illegal activities, and be ignoring the many problems these undocumented workers have created. On the other side, forcing 20 million workers out of the country would be a huge problem, and ignores the simple fact we are all, more or less, a country of immigrants.

Democrats are mostly in favor of granting amnesty. There are some advantages here, namely the fact if undocumented workers were made legal, the problems of them driving wages down might improve, as minimum wage laws would take effect.

Republicans and others are divided on the issue, but the main argument is that these immigrants came here illegally, some are breaking laws in the U.S., and some are taking jobs away from U.S. citizens and legal permanent residents.

President George W. Bush tried to bridge the gap in the debate, but was beaten back by politicians from both parties. Now President Obama is trying to solve the problem, granting amnesty to undocumented workers.

What does it mean to you?
The two sides to this issue each have clear points, but with a Democrat in office, the chances of amnesty passing are much higher. If undocumented workers were made legal, it very likely would improve wages and limit the number of jobs they take from citizens (because the pay scale would be even again). The problem of illegal immigration would be made much easier, though even Obama has said the problems inherent need some time. For one, illegal drug trafficking is a major problem.

In reality, deporting millions of immigrants is impossible. However, we might be able to curb the problem, lessen the effect it has on U.S. workers, and improve the economy. The main goals of immigration reform are to improve border security so we don’t have a continuing problem, using work site enforcements so only legal workers can get job, have guest worker programs, improve the current immigration system, and letting the naturalization process evolve to meet the new demands.

If millions of undocumented workers were made legal, you might think this would somehow hurt the economy. After all, they’re taking jobs. This is true, and a good argument. It should also be considered that these new workers would be hired under fair wages, would invest much more money into the U.S. economy, would pay taxes, and would save the government time and money in tracking them down.

As you can see, there are a lot of details to consider. This blog post was not meant to say which side is right or wrong. It’s good to have a debate, and hopefully we’ll have a fair conclusion.

July 10, 2010

Common Problems Faced in U.S. Immigration

In any legal case, laws sometimes are broken without the accused even knowing. On the other hand, sometimes it’s clear laws were broken on purpose, such as in immigration. Some common problems include using fake green cards, handling immigration after serving a jail sentence, and sometimes an innocent mistake made in traveling outside the country. This guide highlights key problems you might have, how you can avoid them, and how to legally immigrate.

Using Fake Green Cards

In this case, by using a forged document you are breaking U.S. laws. The U.S. Immigration and Custom Enforcement (ICE) branch is in charge of guarding the border and keeping illegals out of the country. Quite often those with forged documents work at companies who know they are illegally. These companies are quite often on the ICE radar; even if not, you are in danger of running into trouble if the ICE finds out. What happens is they can raid the place of employment looking for illegals.

If you are in a problem such as this, be aware you are in danger of being deported. There are few simple ways out of this. You either need to leave the country, or hire an immigration lawyer and attempt to become legal.

Lying on Immigration Papers or Admitting to Lying

When this occurs, using an immigration lawyer is a must. Now, what quite often happens is you apply for legal immigration to the United States. You meet with the USCIS (U.S. Citizenship and Immigration Service), who will ask you some questions. There will be questions on whether you’ve lied before on immigration forms. If you say admit to lying on previous papers, you can be denied your application, reported to the ICE, and deported from the U.S.

For example, you may have lied about being a U.S. citizen before, or worked here illegally. In these cases, you need to protect yourself. There is again little way out of this problem. Lying can get you into more trouble, telling the truth can lead to deportation. It may be best to leave the country and apply legally with the help of an immigration attorney.

Crossing the Border
Another problem many face is being caught trying to pass into the U.S. without papers. You may be trying to cross with fake papers, trying to cross a checkpoint, or clearly violating laws by attempting to cross illegally. These are very common problems. If you do this, you can be caught by police, reported to the ICE, who will then take control of the case. If you consider crossing illegally, know it can hurt your future chances of being admitted legally.

Traveling
Oddly, you can run into trouble leaving the U.S. and trying to reenter. What happens is you enter legally, are given a green card, and live here. You have a criminal conviction on your record, but it’s not enough to be deported. The ICE can deny your reentry and effectively deport you when you try to reenter because of this prior criminal case.

If you’re unsure of certain immigration laws, know that no question is a bad one. Any legal help you can get is important in protecting your rights, staying in the country, and eventually being allowed to become a U.S. citizen. If you have more questions, contact an experienced immigration lawyer today.

June 3, 2010

What Does the Arizona Immigration Law Mean?

With immigration reform a hot debate ongoing across state, ethnic, and party lines, the recent  passage of the Arizona immigration law has many in a uproar. While the law technically will not go into motion until August,there are already many people saying the law is illegal and should not be upheld. Add to the the fact immigration reform itself is still a topic of interest, you may be confused about what this all means. What will the immigration law mean to you? How will it effect laws? How will it effect daily life? And perhaps most importantly, will it really be allowed?

The Details of the Law

The law is pretty subjective and how it will be enforced is where the debate started. In Arizona, if the law is upheld and enacted in August, you will have to carry immigration papers wherever you go, and if an officer of the law has suspicion that you are here illegally, you can be questioned. That’s pretty much how it works. If you are ever found without your immigration documents, you can be arrested. If an officer has reason to believe you are here illegally, he or she  can question you.

How will police act?

Opponents of the new law point out how officers can now profile people, most definitely Hispanics, as potential illegal immigrants. According to the backers of the law, this will not occur. The officers will be trained  in how to properly act when investigating someone. The governor of Arizona made this point clear. Opponents are saying that won’t matter, that Hispanics will be unduly harassed. And if you are ever without your papers, you can be arrested.

What does it mean to you?

It’ s pretty clear the Hispanic population of Arizona will be the most effected. The main reasons of the law — the problem with human and drug trafficking from the the border of U.S. and  Mexico, and how many illegals are living and working  in the U.S. — may make it seem you are fine if you are legal. This will still have an effect on you, as an officer will have to make a decision on whether or not to look over your documents. Some opponents have compared this law to “Nazism”, but though that is a bit extreme, it make a point. You might be profiled simply because you are a Hispanic person living in Arizona.

Will it Stay?

There were hundreds of protests involving thousands of people not only in Arizona but across the country when the law was signed. It will not be final until August. There are some saying the law is unconstitutional. President Obama  himself has called it “misguided” and something to be reformed in federal immigration laws. Whether it stays or not we’ll have to wait and see.

June 1, 2010

Why Did Obama Send 1,200 National Guard Troops to the Mexican Border?

The big news on immigration is that President Obama is ordering National Guard Troops to the Border with Mexico. Up to 1,200 troops will be involved. Why did he do this? And how will it effect immigrant rights and views on immigration in the U.S.?

What really happened?
The main reason for doing this is drug trafficking and security problems along the Mexican border. Border states are facing problems stopping illegals from crossing the border. So Obama, under pressure from border state politicians, decided  to send troops more a gesture and promise of more to come than anything. The point is the U.S. will start looking at longer term solutions to the border. So we can expect even more troops and agents to be protecting the border in time.

Why is this happening?

The main reason you’ll hear from news sites is that border state politicians such as John McCain were going to act themselves if Obama did not act. Obama was put under pressure when politicians said they would send troops to the border, bypassing the president and perhaps starting a rapid debate. While it’s still a debate, Obama sent the troops more as a point that he does consider this a problem.

One big problem occurring on the Mexican border is  human and drug trafficking. While it’s very unlikely this number of troops will make an impact, the point has been made.

What will the effects be?
The effects of 1,200 troops will be more for show. Can we really impact human and drug trafficking? To say no or yes would be wrong on this blog, but it should be pointed out there is debate on whether we will ever be able to slow the amounts of drugs, illegal immigrants, and human traffickers from crossing the border.

What does Obama want?
On The Week, a news magazine, it’s pointed out Obama is trying to open up the idea that comprehensive immigration reform is needed,and  he can be the one who finally gets it done. Former President Bush tried a similar strategy of sending thousands of troops to the border in order to initiate talk on immigration reform; it failed for Bush, but we’ll have to see if Obama can pull it off.

What are other politicians doing?
John McCain, senator for Arizona, is the main player who forced Obama’s hand.. Of course, immigration is a heated debate currently in  the country, with some controversial state laws in play. McCain and Arizona forced Obama’s hand. Other  politicians have followed McCain into the battle.

What will the effects be for immigrants?
Legal immigrants  will have no problems. It’s clear illegal immigration, especially involving human and drug trafficking, is a national problem. States are going to start acting more. Immigration reform is on the horizon. We’ll just have to wait and see how this effects immigrant rights, but we likely won’t have to wait long.