Immigration Attorney

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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 18, 2010

Why Can You Be Denied a Green Card?

Immigrating is not always easy if you’ve broken certain laws, lied, or tried to cheat the system. There are certain situations where 90% or higher denial rates are common. For example, if you have a history of drug violations, that is a major red flag to U.S. immigration officials and almost guarantees you’ll be denied a green card and denied entry into the U.S. The system is designed to protect the country from those who might hurt society. Drug dealers hurt society. On the other hand, you may be a danger to society, such as having a criminal history, or have terrorist sympathies. While denying someone entry based on ideals is cause for a different piece, for our purposes, they’re all important. Therefore, let’s go over some common situations where you’ll be denied a green and perhaps denied entry to the U.S. in the first place.

Drug Usage and Trafficking
Perhaps the most definite way to be denied entry into the U.S. is by being a known drug trafficker. You will be asked this question – if you used drugs or sold them – and it may be tempting to lie. If it’s found you lie on documents, it can lead to banning from the U.S. for all time. If you’re honest, if you can prove you are trying to change your life, you have a much better chance. But if you have a long record of drug use and trafficking violations, the majority of the time you will be denied a green card.

Health Problems

While it is perhaps quite unfair for someone who is sick or has some major illness to be denied a green card, it does occur. If you have HIV, for example, you can be denied a green card. This is of course not fair to the immigrant, especially if the illness came through no fault of their own. However, remember what was noted earlier, that the idea is to protect the United States people, and bringing in someone with some undocumented disease or a very dangerous disease is a danger.

Low Income Denial

If you are at poverty level, that too can lead to a denial. This is designed because there are already many citizens on government help programs in the U.S., including welfare and disability programs. If it’s clear you will need monetary support throughout your life, you may be denied a green card. This can be disputed with an immigration lawyer, as many come to the U.S. to find better work and get a better education. The point is not to accept a large number of people who will take public assistance.

Misrepresentation
If you lie about your immigration status, about your criminal history, or on other points in order to get your green card, this is called misrepresentation. Many do this in order to get visas. If you are caught, the denial rate is quite high. Remember: you can often get a waiver for mistakes you’ve made, such as being considered at poverty level or having health problems, but if you lie, you lose that chance.

Labor Certification
While few take advantage of immigrating to the U.S. via a job, it is allowed by law – when the laws are followed. Some simply use this tactic in order to get to the U.S., with no intention in working for the company. If the immigration official believes you have lied about your intentions, or that you have made a forged labor certification document, you will be denied almost 100% of the time.

Who can help?
Immigrating to the U.S. isn’t always incredibly difficult. There are many ways to immigrate legally, sometimes in a short time. With the help of an immigration lawyer, you can find your best options and get the process started.

October 1, 2010

5 Ways to Avoid Breaking Immigration Laws

1-Hire a Professional Lawyer
Your lawyer is your guidepost, especially if you don’t know or completely understand U.S. immigration laws. A lawyer saves you time, legal troubles, and needless worries. And not all lawyers are effective, honest, and professional. If they promise you this will be easy, rarely is that honest. If they try overcharging you or adding fees, that’s unprofessional. If they have no legal experience in immigration, it’s doubtful they can be effective. You need a professional immigration lawyer who has experience in helping immigrants, who charges fairly, and who never breaks any laws or asks you to.

2-Avoid Immigration Consultants
One term used by some who specialize in immigration is the “immigration consultant,” who, for a fee, promises you or a loved one a green card. What often ends up happening is the consultant either breaks immigration laws or takes your money and literally disappears. Always work with a lawyer.

3-Know Your Rights
You have rights too.  And they should be protected. But many of us do not know all our rights. As an immigrant to the U.S., you must follow the laws of this country. If you breaks laws, such as illegally immigrating, you can be deported. If you fail to follow other laws such as criminal acts, you can be deported even if you have a green card. On the other hand, though you have less legal rights than a citizen, that does not mean you have no legal protections. You have the right to live, work, and raise a family with a green card. You then have the right to be naturalized.

4-Stay On Time

One common mistake immigrants make is not reading through all the rules. They don’t necessarily break laws on purpose, but fail to keep up on paperwork. A green card is not a lifetime event; you have to reapply every 10 years. Once you live in the U.S. for some time, 3-5 years, you can apply for naturalization.  That way, you need not worry about losing your green card after leaving the country, or being deported for other reasons. You can travel as much as you want as a citizen with no risk to your status, and you can never be deported.

5-Never Agree to Illegal Activities

Finally, if you want to protect your right to live and work in the United States, never break laws when applying for a green card or citizenship. You may wonder about shortcuts, ways to “work” the system, but these are illegal. If you try to sway immigration official decisions with bribes or favors, a common promise made by bad lawyers and criminals, you are risking ever being allowed in the U.S. If you have a green card, and are asked to take part in a criminal activity, this too risks deportation. Stay within the laws and you almost always get an opportunity to live in the United States.

September 29, 2010

6 Techniques for Saving Time Applying for a Green Card

You want a green card, and just like many things we want, it seems out of reach. What next? These techniques have proven to be highly effective in saving time, money, and headaches in getting a green card.

Get the Right Lawyer
Why not hire a good lawyer? Why hire a bad lawyer is the real question. Immigration consultants, immigration lawyers who promise that it will be easy for the right price, and others are often out for your money. True, an honest immigration lawyer wants to get paid too, but at least you get something back for the service. Some lawyers promise an easy process because they say they have an “in” with immigration officials; that’s illegal. And you never need anyone who promises to be your consultant in immigration; a professional immigration lawyer is your best consultant.

Let Your Lawyer Handle the Process
Once you get an experienced lawyer, you should keep control and make sure he or she is doing a good job. However, let them handle the complexities of the case of you. Ask your questions, be sure they are actually putting time into helping you, and be as honest as possible.

Don’t Lie
If you lie about certain facts on any documentation, it can ruin your chances for a green card, permanently. While lying about certain facts is not always caught, if you are caught you have just lost your opportunity.

Be Honest with Your Lawyer About Your History
Your lawyer can’t help you unless you are completely honest with him or her. If you have a long criminal history, that should be a point of emphasis. U.S. immigration has been strict in recent years not only because of politics and wars; the government is also trying to keep down crime rates. However, that does not mean you have to lie to immigration officials and your lawyer. The best policy is to always be honest with your lawyer.

Ask Family
You may not have a hard time at all applying for a green card, especially if you have family in the U.S. There are no tricks to work the system, but if you have family here, that is the best way to get a green card. If you marry a U.S. citizen or if other immediate family are citizens, they can sponsor you. If you have no immediate family in the country, you still have options. This includes the green card lottery held every year and being patient.

Plan

The best technique in getting a green card is to have a clear plan from the outset, if not also having many goals. You can plan for hiring a lawyer who will honestly represent you, how you can be sponsored by immediate family, how you will pay for all the legal fees. Planning early is key in immigrating to the United States.

September 27, 2010

What is the Green Card Lottery?

Why have a lottery involved in immigration? Well, for immigrants it’s a big benefit and helps when those wanting to immigrate to the United States. The problem is one of the green card process; as so many apply for green cards, you may have to wait your turn in order to be eligible. Sometimes you can come via other means, such as asylum or refuge status, though those are rare. More commonly immigrants are sponsored by immediate family, such as spouses who already are citizens or have a green card.

So how can the green card lottery help you? What is it exactly? Let’s find out.

What is it?
The green card lottery is a system designed to give more opportunities countries who do not send many immigrants to the U.S. According to the government, “Each year, 50,000 immigrant visas are made available through a lottery to people who come from countries with low rates of immigration to the United States.” That means if you are from Mexico, for example, you would not be eligible for the lottery. But if you came from a smaller country or one where immigration to the U.S. is less common, you would be eligible.

How can you win?
The process can be somewhat complex, but here is what basically happens. The State Department holds the lottery every year, always getting a high number of applicants. 110,000 of these applicants are randomly chosen, and from that list 50,000 are given green cards. While 110,000 are singled out, many do not complete the process. If at the end of the year less than 50,000 immigrants have immigrated, the contest ends; or, if 50,000 is reached earlier than the end of the year, it’s then closed. That’s how it works.

But that doesn’t necessarily help you win. There is no trick to winning, and anyone who promises you an “in” to winning is likely either trying to steal your money or breaking laws. However, you should be aware if your country is eligible to apply, then apply if you are eligible, and you might know.

How do you apply?
The system is now based online, here. You may consider consulting with an experienced immigration lawyer if you are unsure of the process. It’s important to fill out the application in it’s entirety, and to do so online instead of sending it in. According to the main site just references, “ Millions of applications are rejected each year for failure to follow the directions.” If you fill it out incorrectly or not completely, you will be disqualified.

Who can help?

You can have someone help you fill out the application, such as a family member or a lawyer. There is no rule against that. If you submit, even accurately, it does not mean you will win. And simply being accepted also does not mean you’ll get the green card; remember that 110,000 are accepted, but only 50,000 are taken. If you fail to win the lottery, your chances of immigration are far from over. You can consult with an immigration lawyer on how best to become a permanent resident of the U.S. via other means.

September 22, 2010

Criminal History and Successful Immigration to the U.S.

One of the common problems immigrants face is having a prior criminal history. Your criminal history will show up on your record the majority of the time. What can you do to successfully immigrate to the United States if you have a criminal record?

First, know your rights. Even though you are an immigrant does not mean you have no rights. In fact, you have more rights than you might think. You have a right to legal representation, to apply for legal protection for asylum or as a refugee, even the right to appeal decisions in court. Yes, you have more rights after becoming a U.S. citizen, but you still have legal rights. That’s one of the best parts of immigrating to the U.S. in the first place. Even a green card can mean a great life change.

Second, know your situation
. Be honest with yourself. If you have a criminal history, you need to be completely honest about it. Also, understand what you did; know what’s on your background check.

Third, get a lawyer. If you’re going to make statements to immigration officials and in court, you need legal representation. An immigration lawyer is invaluable in ensuring you are legally protected. If you want a green card or desire citizenship, a lawyer is essential. And a lawyer is even more important if there are some questions about your past. If you have a drug violation, for example, it will be looked down upon. Understand that drug trafficking is a major problem on U.S. borders. But you still have a right to legal counsel.

What if you can’t afford legal representation? The best path to successful immigration to the United States is with an experienced lawyer. However, many lawyers understand you may lack the large amount of money needed to pay. Therefore, some are willing to negotiate with you. It doesn’t hurt to at least ask if price can be negotiable in some manner. All it takes is a phone call and a quick question. If you can save up the money, that’s even better.

What  if you’re denied entry because of your criminal history? How can you appeal immigration decisions? You have a right to question how the laws have been interpreted. Just as domestic court cases can go to appeals court, so can immigration issues. Judges are not above the law, and they make mistakes, just like immigration officials. The best way to appeal an immigration decision is to hire an experienced lawyer to represent you. If you have a lawyer, but are unhappy with the service and want to appeal with a new lawyer, that is perfectly legal.

Simply having a criminal record does not stop you from immigrating. The point of the criminal check is mainly to stop terrorists and drug traffickers. If you have a minor record, a professional immigration lawyer can help you immigrate legally.

Most importantly, an attorney with immigration appeals experience can help protect you from bad decisions. Judges are human; they make mistakes. A judge may not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors.

If you’re unsure of your criminal history, ask your lawyer to look into what’s on there. If you have no lawyer, it’s time to consider one experienced in immigration law.

September 20, 2010

What is an Immigration Background Check?

If you’re an immigrant, the idea of a background check may be scary. You sometimes don’t know what will come up. If you have a criminal history, it does not mean you will be denied entry, meaning you’re denied the right to live and work here in the U.S. as a permanent resident. It does mean you should follow the tips in this blog guide, most importantly in hiring an immigration lawyer.

What is the background check?
When you move to just about any country, you will have to submit to an investigation of who you are, what you do, and what problems you may have had. If you have a criminal history, obviously that will show up on your background check. In the U.S. and in many other countries, the rise of terrorism has made the background check more important. If you have a minor criminal history, you will not always have problems. But, if you have a long history of drug violations and drug trafficking, that’s a red flag, especially to U.S. custom officials.

Who checks?
You will be checked first by the IBIS (Interagency Border Inspection Service) for your name, then FBI (Federal Bureau of Investigation) fingerprint and name check. If the FBI check throws up some red flags, your case may be reviewed by the USCIS.

The FBI Check typically only takes 1-2 days. You may be investigated if said red flags pop up. The USCIS will have final say on whether you can be permitted a green card in the event you have a criminal record. For example, you may have been arrested as an illegal immigrant before, this comes up on a background check, and you are denied entry. Or you may simply have a drug trafficking history, therefore being a danger to society, and denied entry.

Getting Legal Help
You may want to find out what a background check says about you. While there are many systems for doing this, you’ll be needing legal representation if you want to immigrate. Now, it’s important to know what’s on your background check not only because it may affect your entry but because there may be errors on your background. You may have had no charges at all, only to find a violation on your record. A lawyer can consult with you on correcting such errors. More importantly, a lawyer gives you a high chance of successful immigration to the U.S.

Unsure if you need a lawyer? Most offer free consultations to prospective clients. You can find many in online directories and on blogs like this one. While lawyers do charge you a fee, solving problems like incorrect background information, and filling out documents correctly can really help your immigration status.

September 17, 2010

6 Ways Your Immigration Lawyer Protects You

Immigration lawyers protect you in a variety of ways. From saving you time to ensuring you have no legal problems, an experienced lawyer is invaluable when it comes to immigrating to the United States. Let’s find out why.

Know the Laws
Immigration law is quite complex. If you are unsure how this process works, hiring a lawyer is crucial. You need a lawyer to understand how sponsoring by family or an employer works. You need one to understand other eligibility requirements, such changing your status from permanent resident to citizen. Immigration laws can be hard to understand, making your lawyer an open book for you to read.

Saves Time
Your immigration lawyer will likely save you plenty of time when applying for a visa or citizenship, when working in the U.S., and for accurately following laws. It’s rare you can do without a lawyer. They are incredibly valuable when it comes to understanding legal matters. You might spend weeks filling out documents an experienced lawyer can fill out in hours.

Saves Money

A lawyer saves you money? Yes, and he or she protects your income too. If you’re coming to the United States for employment, a lawyer is invaluable in making you money. Your lawyer can ensure you are eligible for the best jobs available. If you need legal consultation on how this works, a lawyer can help. If you are unsure of what forms to fill out and a what fees to pay, again a lawyer can help. If you fail to get your green card, it can cost you thousands of dollars in job pay.  A lawyer ensures you are protected from these problems.

Timing
You likely have your desired schedule. You may want to get a home, get a job, sponsor family members to immigrate, and eventually earn citizenship. These things do take some time, but if problems arise, you may be out of luck. Immigration law is all about timing. If you fail to file papers on time, fail to properly fill out a work visa, even mistake the eligibility of family, it can cause some major problems.

Documentation
If you fill out documents incorrectly, it can cost you a lot of time, sometimes many months. Just as in filling out a job application requires time, care, and understanding on your part, filling out immigration forms requires a lawyer’s help. If you are still learning the English language, a lawyer can help here too.

Legal Problems

Finally, an immigration lawyer can ensure you know and understand U.S. laws. This is not just immigration laws; you may be unaware of other laws. If you are prosecuted for criminal offenses, it’s possible you may be deported. A lawyer can help by either ensuring you understand certain laws or by helping you find good criminal representation.

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 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.

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