Naturalization

You have come to the United States and want to make it your home. You may have gone through the immigration process and become a lawful permanent resident, but it is your hope and desire to become a United States citizen...

Naturalization Naturalization
Immigration Case Review

October 8, 2010

5 Tips When Traveling Outside the United States – Help for Permanent Residents

If you are considering traveling outside the United States as a permanent resident, you can make your vacation or business trip easier by understanding how the laws work. First and foremost is understanding what rights a permanent resident has.

Your Rights
You need to reapply for a green card – having permanent resident status – every 10 years. You will have the right to live and work in the U.S. as long as you follow all laws. If you travel, you can still return to the U.S., but you must follow certain guidelines. This includes, generally, keeping your residence here and not leaving for too extended of a period (generally over 6 months without returning). Also, if you are in another country more than the  U.S. over a long period, you may lose your green card. You still have rights, and if you’re worried consult with an immigration attorney.

What You Need to Travel
When you visit another country, you need to bring a passport from the country you are a citizen of, or a refuge travel document. Say for example you were born and raised in Brazil, but became a permanent resident of the U.S. through a job. You would need a passport from Brazil to travel to a country, such as France or England. There are some other laws involved here, namely the fact you may need a visa or to provide some other documentation to the country you’re traveling to. If you are unsure, you can visit the Department of State site at travel.state.gov for more info.

When You Return to the U.S.
You’ll need a valid green card. According the the USCIS (United States Citizenship and Immigration Service), “When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.” As long as you have not stayed away for too long, your green card is valid, and you have noted documents, you should be fine.

What if You Stay too Long?
Generally, six months is when you are risking losing your permanent residency status. According to the USCIS, “While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home.” If you are ever unsure, consult with an attorney.

Who can help?

An immigration attorney is invaluable to consult with when traveling. There are some steps you can take to ensure you maintain your permanent residency status. If you follow the laws, are honest, consult with legal representation, and break no laws, you should have no problems in traveling.

September 6, 2010

Time Table For Immigration Law – Getting a Green Card, Earning Citizenship

The advantages of living, working, and raising a family in the United States are many. However, that does not mean it’s easy to immigrate here. If you hire the right lawyer, and if he or she ensures you follow all laws and guidelines, you have a very good chance of getting a green card. The odds are much better if you have family already here, especially immediate family.

This guide will explain: what getting a green card means, how long it takes to get a green card, how long citizenship takes, what laws you need to follow, and how an immigration lawyer can help.

What is a green card?
First, you might wonder what a green card is in the first place. Quite simply, it’s a document allowing you to live and work in the United States. You are considered a permanent resident of the United States, you can live and work here, and you can then apply for citizenship.

In order to get a green card, you need to be sponsored by a family member or employer.

How long will it take to get a green card?

This depends on who is sponsoring you and their current position in the U.S. The time table is shortest if you are sponsored by an immediate family member. For example, if your mother lives in the U.S. and has a green card, she can sponsor you for one as well. Since she is immediate family, the process often only takes a matter of months.

If on the other hand you have no immediate family – immediate family being parents, spouses, brothers and sisters, or children – you have to wait for an Immigrant Visa to open up. The best way to do this is to be sponsored by family, but if you have no family and have to wait for a visa, the process can take years.

How long for citizenship?

After you’ve had your green card for five years, you can apply for citizenship. You can also become a citizen if you’re spouse is a citizen. You must be able to prove a knowledge of U.S. history and law, be able to read and write in English, and be willing to follow the laws and Constitution.

What laws must you follow?
There are some who try to cheat the system. For example, sometimes marriages occur between citizens and immigrants in order for the immigrant to get a green card (and having no relationship). This is illegal and because it’s somewhat common you must be able to show proof.

Also, if you have a green card, you can be deported for breaking U.S. laws. This is quite common in misdemeanor and felony cases where jail time is part of the punishment. Your legal right to live in the U.S. is threatened if you break major criminal laws.

What can an immigration lawyer do?

The immigration process can sometimes be quite confusing, and that’s why hiring an experienced immigration lawyer is smart. He or she can ensure you fill out all documentation correctly, that you are ready for any questions to be asked, that you follow the laws, and that this process takes as little time as possible. Whether your goal is a green card or naturalization, an immigration lawyer is invaluable.

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.

June 30, 2010

Thoughts on Illegal Immigration and Amnesty

The controversial Arizona law and “amnesty debate” are very divisive issues with people on both sides of the issue – not to mention both political parties. Is there a middle ground? This blog isn’t designed to provoke issues, but let’s consider what illegal immigration is, what amnesty is, and what each means for immigrant rights.

What is illegal immigration?
To U.S citizens, illegal immigration evokes images of Latin people climbing fences and running across borders. Of course, that’s the main point of disagreement for both sides. Illegal immigration is being an undocumented individual living in the United States. You have no visa or green card; you managed to get here illegally; and you came for a variety of reasons.

Why come to the United States?

Let’s face it: most U.S citizens are descendants of peoples who wanted to get a better life for themselves and their families (though you can easily bring up slavery and the choice involved there). It’s the same with illegal immigrants today. Only, it’s not the gold rush, or potato famine, or a world war today. Most illegal immigrants are Mexicans who cross over looking for a better life. There are jobs in Mexico and other Latin countries, but there are simply more opportunities here in the U.S. Even in   touch U.S. economies, illegals cross the border, quite often with families, just to get a minimum wage job which pays twice what they might get paid in Mexico or another country.

What is Amnesty?
Amnesty, without going into dictionary terms, involves the debate on whether these illegal immigrants should be given the right to stay in the U.S. So, if one man and wife crossed the border, worked some jobs, but never applied for a green card, there options would either amnesty, being given the right to stay, or being deported.

There are arguments on both sides. It’s clearly a controversial issue, but many are ignoring what amnesty can bring to this country. You can still make the border stronger so potential terrorists, drug dealers, and criminals can be kept out. Drug running is a major problem with the current system, there’s no doubt. But perhaps amnesty can also bridge the gap between the two sides. To be frank, Latinos are becoming a very big part of our country. In order to bridge the gap, amnesty can save discussion for other major issues.

Yes, illegal immigration is one of this country’s major problems. Illegal drug and human trafficking is also a clear violation of law. Yet working undocumented illegals should be given the opportunity for a better life.

If you’re interested in moving to the U.S., be smart and do so legally. You can be sponsored by a relative currently here with a green card. If you’re unsure of the process, contact an immigration lawyer.

June 9, 2010

10 U.S. Immigration Tips for Keeping Your Green Card and Visa

A common problem in U.S. immigration is immigrants failing to reapply on time and correctly for permanent residency status, losing their green card in the process. Also, some don’t fully take advantage of the benefits of applying for naturalization, becoming U.S. citizens. This guide gives key tips on those subjects and more.

Delays
You should always be ready for delays when applying for a green card or extension. This is because there could be extended periods where the USCIS is extremely busy and takes much longer to get to your paperwork.

Applying for Citizenship
Instead of having to reapply for your green card every ten years, and rather than dealing with customs when reentering the country, applying for citizenship is a very good choice. This is because you will never have to reapply, can reenter the country with no problems, and get many more opportunities.

Staying up to Date on Address Changes
If you’re staying in the U.S. for extended periods you should also stay up to date on your address. Always make sure the USCIS is aware of any changes. If you’re only using a visa but plan to stay longer than 30 days, always keep the USCIS up to date on your address as well.

Getting entry Visas
If you’re just visiting, be sure to not pack anything questionable. Border officials can keep you out if they feel you are a security risk or if it looks like you plan on staying longer than you said. Border officials have the power to keep you from entering the U.S., so make sure you follow all laws and don’t make them suspicious.

Filing
When filing for a green card, ask more than one person to file your application. That way if there are problems, you have a fall back. You could get two family members to help you file instead of just one.

Late Problems
You never want to be late when it comes to meetings with the USCIS, because it could delay your paperwork for months. You also risk being deported for not having the proper paperwork.

Stay Within Laws
Once you’re in the U.S., the game is not over. You need to be sure not to do anything suspicious or illegal. If you lie on your application, if you engage in illegal activities, and you’re caught, you risk all the time and effort you put into trying to live here.

Maintain All Paperwork
The USCIS makes as many mistakes as any government organization. Because of that, they may lose any paperwork or updates you have. That means you should always make copies and keep all your records.

Research
If you’re unsure of what to do when it comes to green cards and visas, you can also do some research. If you’re unaware of certain U.S laws, the web is a great place to learn more. You can find records and all laws for the government online. Actual government sites like USCIS.gov are best, but articles and blogs can help you understand complicated wording.

Ask for Help
The best thing you an do when it comes to making sure you make no mistakes is hire an experienced immigration attorney. This can save you a lot of time and headaches. An attorney can help with every tip in this post and more.

June 7, 2010

What is the Naturalization Test?

You may want to immigrate to the land of opportunities and dreams, but you’re unsure of the requirements. It depends on what you want. If you simply want to see if you like it, you can get a visa. If you want to legally live here for an extended time to take advantage of opportunities and eventually citizenship, you need a green card. If you have a green card and want to be a U.S. Citizen, or if you want to both marry a citizen and earn your own citizenship, that’s called naturalization.

In fact, naturalization is a simple process. With the guidance of an experienced U.S immigration lawyer, you can successfully apply. While it’s not difficult if you’ve been living here for some time and have a green card – over 1 million people were naturalized in 2009 – there are some things to know.

You need to take a naturalization test. What, you may be asking, is that? What if you fail the test? What if your family member is going to take the test? And are there times when you don’t have to take it?

One requirement for U.S. Citizenship is to take some short tests in order to prove you understand the English language and its history. You first fill out a Form N-400, which is an application for naturalization, and get your fingerprints taken at a USCIS facility. You will then scheduled for an interview. At this interview, you will take an English and civics test; by civics, we mean American history.

The Tests
This test given by the USCIS officer is not very difficult, but can pose problems if you lack an American education. If you were born in another country, are fairly new to the English language, and don’t completely grasp U.S. History, you may want to do your homework for some time before taking this test to avoid failing. You an take it more than once, and there are many online resources which can help with the questions.

The test will rate your ability to read, write, and speak English, along with finding out your knowledge of civics (U.S. History).  You must be able to read out loud one sentence out of three in English, you must be able to write one out of three English sentences, and you’re required to take an actual test involving 10 questions on civics where you need to get six of them correct.

If You Fail

If you fail, you will have to take the test again. This is not the last chance for U.S. Citizenship. You can take it again.

Can you get help?
Research is your friend, and so is time. You should study the English language and practice it as much as possible. You should try and understand how the U.S. Government works. You can do these both with ease just about anywhere in the world, especially if you have internet access.

When You Pass

You will be one of many naturalized U.S. Citizens. You will be able to vote, pay taxes and therefore be eligible for Social Security benefits, and have the opportunity to sponsor other family members and loved ones for naturalization.

April 1, 2010

Green Cards Impact On New York State

New York is currently and historically one of the states which immigration has the most effect. After all, many from around the country had ancestry who came through Ellis Island. And not much has changed, as New York is only second to California in terms of permanent residents in 2008. New York had almost 150,000 new legal permanent residents in 2008, while California had close to 250,000 new permanent residents.

Let’s focus on New York. What has the impact been on New York with so many living here? It’s clear New York has been one of the most populous place for both citizens and permanent residents, but the effect of new immigrants can always have positive and negative effects.

First, what does permanent residency mean? What’s a green card?

A green card and permanent residency mean you have the right to live and work in the U.S., and travel in and out with few restrictions. You cannot vote, and technically can be deported if you break laws.

Most with green cards are family members of U.S. citizens. Often naturalized immigrants have children here and these children are considered U.S. citizens, so if you’ve been naturalized, you can expect your children to be U.S. citizens.

Many also get permanent resident status (green cards) through marriage. This is technically legal, but has been abused in the past and occasionally is abused today. You must in a sense prove you intend to marry your spouse and have serious feelings; otherwise it might look suspect. If you already have children with this spouse, it’s often an easier argument to prove you do indeed want to marry this person.

Before we move onto the impact permanent residents have had in New York state, what has  the impact been nationwide? In 2010, the foreign-born population in the U.S. is expected to reach 43 million, which is almost 14 percent of the total. While this may seem to be a large number, in years past there have been ever more foreign-born living permanently in the country. Canada, for example, has a 17 percent foreign-born population, while Australia has almost 25 percent. So it’s not an event localized to the U.S.

As for New York, the state traditionally with high foreign-born permanent residents, the numbers are different. While it used to be the majority flocked to New York and other large states such as California, when you compare 1995 to 2000, less immigrants have flocked to the traditionally large states, and more have gone to North Carolina, Georgia, and Nevada in large numbers.

That said, New York is still #2 on the list of total permanent immigrants in 2008, with about 144,000. That’s a number which has varied in recent years, but typically you can expect California to be #1 for new permanent immigrants and New York #2.

With 144,000 new residents, and such a problematic economy, it’s safe to say new permanent residence may have trouble finding work here. New York has  one of the highest unemployment rates in the US, over 10 percent by recent numbers, with new jobs added stats going down.

The impact may not be negative. With the economy slowly rebounding, and the New York unemployment rate going down in recent months, you can expect to find more jobs. To make sure you can work in the state as a permanent resident,  you must always follow the laws, work with an immigration lawyer, and apply for citizenship if you do have a green card.

New York is currently and historically one of the states which immigration has the most effect. After all, many from around the country had ancestry who came through Ellis Island. And not much has changed, as New York is only second to California in terms of permanent residents in 2008. New York had almost 150,000 new legal permanent residents in 2008, while California had close to 250,000 new permanent residents.

Let’s focus on New York. What has the impact been on New York with so many living here? It’s clear New York has been one of the most populous place for both citizens and permanent residents, but the effect of new immigrants can always have positive and negative effects.

First, what does permanent residency mean? What’s a green card?

A green card and permanent residency mean you have the right to live and work in the U.S., and travel in and out with few restrictions. You cannot vote, and technically can be deported if you break laws.

Most with green cards are family members of U.S. citizens. Often naturalized immigrants have children here and these children are considered U.S. citizens, so if you’ve been naturalized, you can expect your children to be U.S. citizens.

Many also get permanent resident status (green cards) through marriage. This is technically legal, but has been abused in the past and occasionally is abused today. You must in a sense prove you intend to marry your spouse and have serious feelings; otherwise it might look suspect. If you already have children with this spouse, it’s often an easier argument to prove you do indeed want to marry this person.

Before we move onto the impact permanent residents have had in New York state, what has the impact been nationwide? In 2010, the foreign-born population in the U.S. is expected to reach 43 million, which is almost 14 percent of the total. While this may seem to be a large number, in years past there have been ever more foreign-born living permanently in the country. Canada, for example, has a 17 percent foreign-born population, while Australia has almost 25 percent. So it’s not an event localized to the U.S.

As for New York, the state traditionally with high foreign-born permanent residents, the numbers are different. While it used to be the majority flocked to New York and other large states such as California, when you compare 1995 to 2000, less immigrants have flocked to the traditionally large states, and more have gone to North Carolina, Georgia, and Nevada in large numbers.

That said, New York is still #2 on the list of total permanent immigrants in 2008, with about 144,000. That’s a number which has varied in recent years, but typically you can expect California to be #1 for new permanent immigrants and New York #2.

With 144,000 new residents, and such a problematic economy, it’s safe to say new permanent residence may have trouble finding work here. New York has one of the highest unemployment rates in the US, over 10 percent by recent numbers, with new jobs added stats going down.

The impact may not be negative. With the economy slowly rebounding, and the New York unemployment rate going down in recent months, you can expect to find more jobs. To make sure you can work in the state as a permanent resident, you must always follow the laws, work with an immigration lawyer, and apply for citizenship if you do have a green card.

March 4, 2009

Proposed Georgia Law Puts Teeth In Screening Law

A bill under consideration in the Georgia legislature  will take state funding and state-controlled federal funding from local governments that fail to verify the immigration status of applicants for welfare benefits or employment.

Georgia passed a law two years ago that requires local governments to use the federal government’s E-Verify program to screen job applicants, but to date only a dozen or so municipalities and agencies statewide  have signed up for the program.

Georgia Senate Majority Leader Chip Rogers told Mary Lou Pickel of the Atlanta Journal Contitution that the measure toughens the state’s stance on illegal immigration and is an effort to spur local governments to take it seriously.

Democrats in the state senate say that the measure sends a hostile message to Georgia’s international community, although the measure passed the body by a vote of 37 to 9.