What is an undocumented immigrant? It is someone who is in the U.S. illegally. But by nature, every person in the U.S. has rights. And you always have the chance to earn immigration rights even if you’ve been here illegally. It’s a common problem many have, thinking they cannot do anything legally because they lack documents. In fact, if you are an undocumented immigrant, you have many rights. This guide gives you five.

Right to a Lawyer
You always have the right to a lawyer. Say you are arrested on a charge of drinking and driving. You may wonder what your rights are. You may be scared. The officers may try questioning you without a lawyer. You should say nothing until you have a lawyer. You have the right to remain silent, as should be noted in the arrest, and you have the right to legal representation.

Right to Fair Trial
Simply because you are undocumented does not mean you have no due process. You have a right to a lawyer and a trial. You have a right to question the charges made against you. You have a right to appeal in court. If the trial goes against you, you can take the case to appeals court, which has been done by undocumented immigrants.

Right to Know Charges
You always have the right to know any charges made against you. If the arresting officers are not clear about this, just ask. They are legally bound to tell you why you are being held. Sometimes it’s obvious: you were drinking and driving. But other times, especially if you’re innocent, you may be unaware of what really happened. If a charge is made against you, you get to know the charges, get a lawyer, and get a trial.

Right to Education
Simply because you are an undocumented immigrants does not mean you cannot get an education, nor will your children have this problem. All residents of the U.S. have a right to go to public schools, sometimes even colleges and universities, even without a green card.

Right to a Search Warrant
If an officer wants to search you or your home, he or she needs a search warrant. You cannot be searched simply for looking like an immigrant, because you are of a certain nationality. If this were allowed, officers would have reason to search anything and everything they want. If an officer gets a search warrant, that is due process, and he can search you or your property. Otherwise, you need not allow it.

The subject of illegal immigrants is a controversial topic. Some may wonder what right an immigrant has to be protected by our laws. They keep our society strong and fair. The best thing you can do is get your proper documentation by hiring an immigration lawyer. But if you are ever charged with a  crime and are undocumented, it’s time to consult with an experienced lawyer.

If you are going to live in the U.S. for a longer period, how can you take advantage of this opportunity? There are many ways. This blog guide explores your options as a new resident of the United States.

You Can Live Here Longer
One definite option you want to take advantage of is the fact you can stay for at least 10 years once you get a green card. You might be able to find a good job in this time. You might start a family. You might get an education. You can also consider becoming a U.S. citizen. And there is no reason you can’t apply for an extension once your green card has run out.

Study At a School
If you get a green card, you are considered a permanent resident of the U.S. Because of this, you are going to pay less tuition at colleges than most foreign nationals. You might save as much as 80% of your tuition costs simply because you have a green card. With your education, you can learn a trade. It’s historically been true that the better the education you get, the better job opportunities you will have. If you have children, you can send them to better colleges and give them opportunities too. The point is that you stand a much better chance with a college education. And because you can save more money and often live on campus, you can have a better college experience.

Get a Better Job
You can try different careers if you get an education, thought it’s not a requirement. You might learn on the job instead. In any case, you stand to get paid much better and have more opportunities for advancement with a green card. If you earn citizenship, you can even land federal jobs where pay is competitive. Though the economy in the U.S. is tough right now, there are still many skilled jobs available, and many pay more than in other countries.

Start a Business
There is no reason you can’t venture out into your own business once you get a green card. You might save up some money after school by working some jobs. You can start your own business; there is no law against it. This can in many ways lead you to the American dream.

Retire
Finally, you might decide to retire in the U.S., in a place safe from war and political strife, with a stable economy and many opportunities for retirement packages after working a job. Retirement in the U.S. is very possible with a green card.

The next logical step after a green card is to earn your citizenship. By becoming a U.S. citizen, you gain the most rights, such as voting and being eligible for certain benefits, and never having to reapply for a visa.

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.

Better Jobs
While unemployment is close to 10% as of December 2010, there are still more jobs in the U.S. – especially skilled jobs – than most other countries. The U.S. has the minimum wage, has laws protecting you from being overworked, and if you happen to be laid off, you can get unemployment benefits. Yes, the economy is bad across the world, but for opportunities in new industries, the U.S. is still #1.

Family Support
Few countries offer more support to families than the U.S. If you are struggling to get work, you can get counseling. If your child is falling behind in school, he or she can also get special counseling. If you need food because you lack an income, you can get food stamps. If you fear losing your home, there is bankruptcy. If you fall behind on bills, there are laws protecting you. The point is economically you have support.

Government
The U.S. government is far from perfect, but it is the leading power in the world. If you gain citizenship, you will have a voice within the government, and can even run for elected office.

Pay Taxes, Benefits
Paying taxes is good? Yes, because you then will be eligible for medical benefits. If you become a U.S. citizen, once you reach retirement age you are eligible for social security benefits, which includes both monthly financial help and medical support.

Schools
By paying taxes, you are also supporting schools. And by supporting schools, you are investing in the future. If you start a family in the U.S., these schools become even more important. The education system in the U.S. is quite supportive of young students. The system is not perfect, but there are good teachers, good classes, and support from many in the community.

Vote
Voting is perhaps the greatest benefits of becoming a U.S. citizen. By voting, you can select who represents you in government. By voting, you can help make local, regional, and national decisions. Not all countries allow their residents to vote. Some countries persecute you for voting the wrong way. Some are corrupt, rigging the elections. In some, it’s actually dangerous to vote. In others, voting makes no difference. Voting in the U.S. has been part of our system since the nation was founded.

New Life
Becoming a U.S. citizen grants you a chance at a new life. You can get a better education, get a better job, earn a better salary, raise a family, let your children go to school, and when you are ready to retire, you can get financial help. The United States has allowed millions a new life. We are a nation of immigrants. If you are curious about how to get this process started, consider hiring an immigration lawyer.

When you are immigrating, having questions is a reality. And there is nothing wrong with having numerous questions. This process need not be taxing on you mentally. You can immigrate, get a green card, even earn citizenship with the resources in this guide.

1-USCIS, http://www.uscis.gov
The USCIS online web resource should be your very first stop. There is a wealth of information to help you immigrate, from all the documents you might need, to guides on how to immigrate, to laws you must follow. The point of the site is to be a resource for more than just immigrants; it also helps people who are interested in helping immigrants, such as community based organizations, lawyers, educators, and researchers. The “How Do I” guides provided show the benefits of immigration in the first place, while the many documents posted allow you get to started fast, and you can even look into unique topics such as adopting from abroad.

2-A Lawyer
If you are ever unsure of how to get started with immigration – whether you are unsure what visa is right for you, if you are eligible for a green card, or how to become a U.S. citizen, an experienced immigration lawyer is invaluable. He or she can explain the laws. You might be eligible for a green card because of immediate family here. You may be eligible for citizenship if you have been in the U.S. for at least five years. You might be curious on what is allowed as a permanent resident in terms of travel, or you might be curious as to how an employer can sponsor you for a green card.

A lawyer is necessary for the majority of immigrants. If you truly want to get this done right, a lawyer can answer all your questions. How can you find a lawyer capable of helping? Your first stop may be online.

3-Study Online
Perhaps the best resource for immigration help beyond consulting with a lawyer is looking online, often beyond the USCIS site. You might find your lawyer online. You may find a useful blog like this one where you can find more information about immigrating. You might find an article on how to maintain your green card.

If you are going to hire an experienced lawyer – and you almost always should – it’s time to consider where you might look. Going online has many advantages. You can do so any time of the day, look over relevant experience, and contact multiple lawyers in a matter of hours.

There are many other resources for immigration help. You might try a book or find a magazine in a library. But if you are limited on time, the USCIS.gov site, other online resources, and an experienced lawyer can help you.

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.

To put it simply, amnesty is a controversial topic concerning illegal immigrants in the U.S. There are some estimates that there are as many as 20 million undocumented aliens living within U.S. border. This article tackles a tough but important topic.

Is it wrong to deport aliens?
This is a divisive issue to say the least. Both sides have valid points: both that illegal aliens are taking some jobs but that they are also boosting our economy; both that illegal aliens are breaking U.S. laws but also some are simply trying to find a better life. It’s not for our purposes to say whether illegal immigration is right or wrong morally, but consider that many illegal immigrants are simply trying to get a better life. On the other hand, by breaking U.S. laws, immigrants are hurting our country; drug trafficking, for example, is a major issue. To deport illegals who are violating U.S. laws is more than understandable.

What should you do?
If you’re an immigrant, come to the U.S. legally; you get far more opportunities. If you are unsure of how you might get here, you might be surprised at how many options you have. You can get a green card through a spouse or via another immediate family member. You can get one from an employer. You can apply for the green card lottery, given to thousands every year. If you believe illegally immigrating is your only choice – or if you are here illegally already – consult with an experienced lawyer to understand your options.

What should you not do?
You should not break U.S. laws or lie on immigration documents. For example, some lie on their green card application. If found out, you face immigration penalties. You should hire an honest lawyer, not a criminal. If he or she promises you some secret way to immigrate, or explains he knows an immigration official, or asks you to lie on documents, get a new lawyer.

What is amnesty?
Illegal immigration is a major problem, and the U.S. government has been trying to solve it for some time.  Amnesty has a series of points. The proposal calls for illegal immigrants to be allowed to remain in the U.S. on 4 year periods. If you pass a background check, remain employed, avoid criminal acts, pay a fine, get what’s called a “Z visa,” and return to your country, you may be allowed a legal green card. This is currently only a proposal, and is subject to change. The points may seem extreme, but on the other end, many want to deport all illegal immigrants and protect U.S. borders better.

Get Immigration Help
U.S. immigration laws are complex and subject to change. If you are unsure of how they work, and have some questions, your best resource is an experienced immigration lawyer. Not an immigration  consultant or someone who promises you it will be easy, but a real lawyer who can represent your interests.

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

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

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

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

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

Part of the process of becoming a naturalized United States citizen is demonstrating knowledge of your new country’s history and government. During your interview, you will be asked up to 10 questions from a list of 100, and must get six correct to pass. Applicants 65 years old and up who have been living as a lawful permanent resident for at least 20 years follow a “20 for 20″ rule: They are only required to study 20 of the 100 civics test questions, with a minimum of six correct required to pass. We’ll mark these with bold type. More information can be found in the U.S. Citizenship and Immigration Services booklet M-638 (revised 12/09), called  ”Learn About the United States: Quick Civics Lessons for the Naturalization Test.”

SECTION A: Principles of American Democracy (continued)

Q7. How many amendments does the Constitution have?

Answer:  27 (twenty-seven)

The first ten amendments are called the Bill of Rights, and were added to the Constitution in 1791. We discussed them in an earlier post, “Becoming a U.S. Citizen: 10 Minute Civics Lessons (Part 2)”.  Over the years, 17 more have been put into law, bringing the total to 27. The most recent one, the 27th Amendment, was added in 1992. This Amendment outlines how members of the Senate and the U.S. House of Representatives — the Congress — are paid. It states they can’t get a pay raise or a pay cut during their current terms of office; those changes can only go into effect at the beginning of a term. Senators serve for six years and Representative serve two-year terms.  It is very interesting to point out the Framers of the Constitution — the leaders who wrote it — first discussed the issue of how they should be paid back in 1789, and it wasn’t until 202 years later that it went into effect!

Q8.  What did the Declaration of Independence do?

Answer:  It announced independence from Great Britain, it declared independence from Great Britain and make the bold statement that the United States was free from Great Britain.

The Declaration of Independence broke the ties with Great Britain and the King, stating that all people have equal rights, and they are created equal. It states people have inalienable rights that no government or monarch can take away. Human beings are born with the right to life, “liberty and the pursuit of happiness,” wrote Thomas Jefferson, the author of the Declaration of Independence.  Jefferson, with help from Benjamin Franklin and John Adams, wrote the 13 American Colonies should break away from Great Britain, the government that sent Pilgrims to North America to settle and establish a British presence on the continent, because its king, George III, did not respect these basic rights of the colonists. Jefferson believed in a concept called consent of the governed, where the people themselves create their government, and only agree to follow the laws it makes if they are fair and respect the people’s rights. In the Declaration, Jefferson wrote out a list of complaints against King George and made the argument the 13 Colonies should become free and independent states. A special meeting of representatives from the colonies, called the Second Continental Congress, meeting in Philadelphia, voted to accept the Declaration of Independence on July 4, 1776. Americans celebrate this day as Independence Day, the greatest of all American holidays.

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.