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 8, 2010

How To Help Your Immigration Lawyer

You may think that immigration lawyers need only your money and a handshake in order to best help you. It does not work like that. Your lawyer, just as in a criminal law or personal injury case, needs your help in order to give help. This blog guide explains how you can best help them.

Hiring the Best Immigration Lawyer
First off, you need to find the right immigration lawyer. You should hire one who is an authority on your particular situation. If you’re applying for a green card, you might focus on ones who specializes in green card law. If you are considering citizenship after living in the U.S. for some time, you might get an experienced immigration lawyer who has helped clients with naturalization. You need not go for specialty, as an experienced lawyer can handle a variety of cases. You should, though, base your hiring on experience. You should also factor in price; it’s pointless if you can’t afford them.

Communicate Concerns

To help your lawyer, explain your fears. You may wonder if you have no chance of eligibility, or how a criminal charge against you will affect your status. There is nothing wrong with having concerns as long as you admit them and act.

Ask for Help

Sometimes asking anyone for help can be tough, but when it comes to a lawyer, you have to. You are asking for help in getting this process completely successfully. If you want further help, such as on sponsoring other immediate family for a green card, your lawyer can and should be able to help.

Be Honest
If you lie to your lawyer, it only hurts you. Many consider lying on immigration documents and to lawyers because of a fear of being rejected. This is understandable, but in order to truly help your lawyer help you, be completely honest. Anything you say will be kept confidential, and the problem may be a minor one. If you lie on documents and it’s found out, you can severely hurt your chances of ever getting a green card or earning naturalization.

Be Fair
Your lawyer is not able to solve all problems, work for free, and work miracles. Immigration law is quite complex, and has become more complicated in recent years. You cannot expect your lawyer to be able to solve any problem that comes, but he or she should be able to help. In order to pay for a professional service, you need to pay a professional rate, and that means basing your payment on experience and results. Finally, you may not have a strong claim to a green card or citizenship; a good lawyer may be able to help in many ways, but can’t always work a miracle.

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.

August 30, 2010

5 Reasons for Illegal Immigration to the United States

Why do immigrants come to the United States illegally every year in such higher numbers? And how can we solve this problem?

There is no easy solution, but perhaps studying how the affects of economic hardship, joblessness, religious persecution, and freedom can give us a better understanding of why.

Labor Markets in Poor Countries

Well, we might as well go over the obvious. Most illegal immigrants coming to the United States are from Mexico. They are on the border. The problem is that with a population which has increased tenfold in a century, labor, especially cheap labor, is more in demands in the U.S. than Mexico. It’s the same thing in countries in South America. With such population growths, there are less jobs. And the jobs available pay much less than the average U.S. job. You have to understand even minimum wage can seem like a boon for someone used to living on a few dollars a day.

Poverty
Those who do live on a few dollars a day are often in cases of poverty, sometimes extreme poverty. Mexico is not a third world country, but it’s not a rich one either. The U.S. has more programs for helping the jobless, homeless, and penniless than most other countries. It comes down to wanting a better life for themselves and their family.

Family Life
Sometimes immigrants come here illegally not because of a job or a chance at freedom, but because some of their family are already here. It’s common for immigrants to cross borders in order to reunite with families. The problem is growing with each new illegal immigrant. However, once an immigrant earns his or her green card, he can sponsor immediate family to come here. It’s unfortunate sometimes they come illegally instead.

Persecution
One common reason for immigration in general across the centuries is persecution. Whether it was Christians coming to the Americas in the 18th or 19th centuries, or communists crossing the Berlin Wall, or Africans fleeing countries where persecution is occurring, the point is to find a better life. This is still a major part of illegal immigration..

Freedom

Freedom from persecution is still a relevant issue. Freedom to work, vote, and to speak are not as common as we might think. While money may be the driving reason for illegal immigration to the U.S., don’t discount freedom and liberty.

Immigrants come to the United States for a variety of reasons. We have to remember what’s now a cliche: most of us came here in some sense or another, whether as persecuted by our religions, enslaved, or to escape war. The problem with immigration may not be solved entirely, but by knowing more about it why it occurs we can gain a better understanding of how to stop it.

August 13, 2010

Facts on Marriage and Immigration

Coming to the United States has immense benefits, but it can be costly in terms of time and money. You need the right legal guide in order to successfully immigrate to the U.S. Perhaps one of the most law subjects is immigration via marriage. If you’re married to someone who’s not a U.S. citizen like you are … if your husband has a green card but you don’t … if you are about to marry and one of your has a green card but the other does not – these situations are quite common. How can you get help? Reading this blog guide is a good start, so let’s start with legal representation and then go into marriage and immigration laws.

Who can help?
You can go to many sites online looking for help, but only get more confused. That’s okay, because immigration law itself is very complex. Your best option is to consult with an immigration lawyer, especially someone with fiance and marriage immigration experience. You can find lawyers across the country, but you should get one close to you, who has the legal experience to help you, who you can communicate with and ask questions to successfully, and who you can afford.

You want one local because a face-to-face meeting is quite important. You want one with experience in handling immigration cases to ensure you make no mistakes on any forms and also not break any laws. You want one who you can ask more than basic questions, who can explain things easily to you, mainly because it’s invaluable to have a good understanding of the process. Sometimes the bottom line, lawyer fees, is your first way of hiring. If you can’t afford them, it’s good to know that beforehand. But an experienced immigration lawyer who charges somewhat more may have the knowledge you need.

What if you misuse a visa?

One problem many face, beyond hiring the right lawyer, is actually staying within the laws. Say for example your fiance comes to the U.S. before getting his green card; in this instance, he’s misusing his visa because he came here with the intention of staying. You need to get a green card first.

Are you eligible for a green card?

If you are engaged but not married, your fiance can get a green card by proving the intent to marry a U.S. citizen, have met you within the past two years, and be legally able to marry.

If you are already married and want your spouse to get a green card, you need to be legally married, though it does not matter what country, to a U.S. citizen. You cannot be married to someone else at the same time,  and you cannot be married to someone who has another wife or husband.

In both cases of engagement and marriage, they cannot be based on lies. This may seem obvious, but some try to get into the country by marrying only to get the green card, likely parting ways with their spouse after. This goes against the nature of the law.

What is the difference with a fiance green card?
As you can see, there are some differences between getting a green card through a fiance and through marriage. If you are engaged, the eligibility requirements are different than being married.

How can you prove this engagement or marriage is real?
The easiest way to prove your intentions are true is to be married and have a copy of the marriage certificate. You need a government annotated marriage certificate, even if you are from another country. To  prove your fiance visa is valid, you need to show a variety of things: marriage arrangements, any love letters, proof you met within the last 2 years via plane tickets, and sometimes more.

This can all get complex, especially in applying for a fiance visa. If you have any questions, contact a professional immigration lawyer today.

August 11, 2010

5 Tips on Sponsoring a Family Member for a Green Card

Who can you sponsor as a citizen? Who can help you with immigration law? This blog guide gives key tips on successfully sponsoring family for their green card.

Who you can sponsor as a citizen?

As a U.S. citizen, you can sponsor immediate family – your parents, spouse, brothers and sisters, married children, and unmarried children. As you can see, you can’t just sponsor anyone. If you sponsor immediate family, they do not have to wait. They are on no waiting lists and can immigrate much faster than others. Once your family members immigrate, they too can sponsor immediate family. Once they get citizenship, they have the opportunity to sponsor all their immediate family.

Who can you sponsor as a permanent resident?
If you are a permanent resident, meaning you have a green card, you can sponsor only your spouse and unmarried children (any children you have who are not married). Once you are naturalized, becoming a U.S. citizen, you can sponsor many more in your immediate family.

How long will it take?

Immediate family are on no waiting lists, are not subject to the amount of green cards given every year, and can immigrate almost immediately. However, other family may have to wait some time; according the legal website NOLO.com, the numbers are as low as one year to 23 years. These numbers may seem inflated, and it depends on the country. Usually it will take several years before they can get a green card, mainly because of the long waiting list.

How much does it cost?
Immigration fees typically cost a total of $1,000 to $2,000, sometimes more and sometimes less. This all depends on what the person is applying for. Lawyer fees typically can be higher than the actual filing fees, but a lawyer is essential in successfully applying.

Who can help?
Your family’s best asset in sponsoring for green cards is an experienced immigration lawyer. It’s his or her job to make sure you correctly fill out forms so your immediate family can immigrate, and others in your family can come too. An immigration lawyer is essential in not only getting a green card, but also applying for citizenship.

Just in 2009, over 1 million permanent residents became citizens. Once you become a permanent resident, you can sponsor other family, and once you earn citizenship, you have more options in who you can sponsor. If you have further questions, contact a local immigration lawyer.

August 6, 2010

5 Tips On International Travel as a Permanent Resident

International travel is supposed to be simple on paper, but quite often is not. If you’ve received a green card recently, if you need tips on keeping your green card if you’ve had it for some time, or if you recently lost your green card due to moving, this guide can help. We’ll go over some crucial tips you need to know in order to navigate the laws.

Keeping Permanent Residency Status (Keeping Your Green Card)
Let’s go over the facts in general. When you get a green card, becoming a permanent resident of the United States, you receive numerous benefits. You have more opportunities to maintain jobs, you can get a better education, you can apply for benefits, and you can soon enough apply for citizenship. Now, in order to keep your green card and eventually become a citizen, you need to follow U.S. laws. You can be deported for breaking laws, sometimes even minor ones. It’s a big risk if you start breaking laws enforced here. Also, in order to keep your green card, make sure you reapply on time.

If You Move
If you travel for a few months, you’ll usually have no trouble getting back into the country. If you actually move from the U.S. to another country, the government can and often does look at this as giving up your permanent residency status. If you move, and decide you want to return, you have to reapply for a green card. If you only intend to stay for a few months, if not several years, there are ways to maintain your green card, but it may be difficult.

If You Stay Too Long

If you stay much longer than six months in any other country, you risk losing your green card. So if you traveled to France, stayed a year, and decided to come back, you may be not allowed reentry. It sometimes takes longer, sometimes less, before you lose your green card. If you intend to stay for longer than six months, it’s smart to consult with a legal professional.

Planned Travel
How can you travel internationally for extended periods? You may want to try naturalization, which grants you more rights and the ability to come and go as you please. Citizenship means no more customs problems, no more green cards applications, and an easier travel experience. If you are unsure of how to travel, consulting with an experienced immigration lawyer can help.

If You Are Confused or Have More Questions
You likely worked with some immigration professionals when you first got your green card, or are about to as you apply for the first time. An immigration lawyer can help you successfully travel in and out of the United States with little problems. He or she can also help you maintain your green card and then earn citizenship. If you have further questions on international travel as a permanent resident, contact an experienced immigration lawyer.

August 4, 2010

6 Myths on Immigration Law You Need to Know

Myths have a sort of capital across the world, all too often turning from misstatements to something close to the accepted truth. It happens all the time in immigration law. In divisive times, words spread. No more, because this blog post points out key myths you need to know.

1-Immigrants Steal Jobs

Actually, most immigrants are either creating jobs through small business enterprises or taking minor jobs most of us would not want. A recent study on immigration highlighted how almost 20% of new small businesses are created by immigrants; and small business accounts for the majority of new jobs. That’s a lot more helpful than hurtful.

2-There Are Too Many Immigrants
This has some basis, as we have more immigrants in the country than ever before, but not in terms of percentages. We’re a long way from the massive immigrations from the 20th century. Immigrants take a much less smaller percentage of the entire population than you might think. Saying there are too many immigrants is almost a cliché, as most citizens are from immigrant families.

3-Immigrants Get Welfare (And Are Supported)
One big myth on immigration is that many immigrants come here to live on the state and federal welfare systems. They get a disability, or welfare, and never work.  In fact, immigrants throughout history have brought some major boons to the U.S. economy. Immigrants account for billions of dollars in taxes—which goes on to pay for roads, social security, welfare, law enforcement, and beyond—and also put billions more into the economy with new jobs. Yes, there obviously is some basis for this, as some immigrants may come to the U.S. because of the better opportunities for aid. However, most come for more work and education.

4-Immigrating Legally Is Too Expensive
Immigrating illegally is much more expensive when you crunch the numbers. Yes, sometimes immigrants see no other option but to enter illegally, only to find little work for those without a green card, and little legal protection. However, applying for a green card has immense rewards. You can get a better job and education. You can also earn citizenship. If you entered illegally, it may save you some in the short term, but you’d lose out soon enough.

5-Lying On Government Forms is Okay
Lying on government forms can stop you from ever getting a green card. It can severely damage you and your families immigration options. If you are afraid telling the truth will hurt you, you should consider that lying puts you in an even worse situation. Consult with your lawyer for guidance.

6-All Lawyers Can Help
Not all lawyers are immigration lawyers, not all have the experience to actually help you, not all know the laws, not all can guide you to a green card and later naturalization. So not all immigration lawyers are equal. Some will offer a low fee and plenty of promises, only to fail. Base hiring a lawyer on experience, availability, and affordability.

July 21, 2010

What is a Temporary Worker Visa?

When you want to work in the United States and you are not a permanent resident or citizen, you need to apply for a temporary worker visa. Temporary worker visas allow you to stay in the country. You can get them either by being sponsored by an employer or in other cases you can look to get them on your own accord. What are the laws concerning temporary worker visas? Let’s find out.

How Congress Allows Worker Immigration
According to U.S. laws, employment visas are designed to protect U.S. workers and not lower wages. For example, the mindset is that if an employer hires an immigrant instead of a U.S. citizen, that’s wrong. If you are employed for a very low rate, thereby lowering the pay scale for other workers, you are also going against the goals of the laws. This is not to say you won’t get work. In fact, many who apply for a temporary worker visa are either skilled in a field absent in the U.S. or so limited it won’t effect anyone. If you do not take a job away from a citizen or lower the value of work done by other professionals, you are no danger to U.S. workers.

Work Visas You Need to Know

The more skilled and educated you are, the more specialized your industry, the faster this process will go for you. If you have a major degree in science, for example, you would be put ahead of someone who lacks an education. It’s not meant to be right or wrong, only to bring in more specialized workers first.

There are three types of work visas you need to know: H-1A, for nurses; H-1B for specialty jobs with a requirement of being highly educated and skilled in a specific industry; and the H-2 visa for those in the agriculture industry, where some workers can be hard to get locally.

Your Obligation

Having an exceptional education is not a guarantee of work visa success, and lacking great knowledge in a niche does not mean you are unqualified for a worker visa. It is best to have a specific industry in mind. If you lack an education, or if you have one with less demand in the U.S., you are in need of some legal help with an immigration lawyer. In cases where your skills and education are highly regarded, consulting with a professional immigration lawyer can give you a better idea of what to expect and what to do.

The Employer’s Obligation

By law, employer’s must not take jobs away from U.S. citizens and permanent residents. This means many jobs are not open to worker visas. The employer will apply for certification with the government, showing clear proof that the U.S. labor pool lacks the talent it needs.

Get Immigration Help
If you’re unsure about any of these laws – and worker visa laws are very complex – or if you want to immigrate to the U.S. some other way, you need to speak with an experienced immigration lawyer. He or she can guide you through this process, potentially help you fill a need for workers, and quite often help you apply for a longer stay in this country.

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.

July 8, 2010

International Travel and Keeping Permanent Resident Status

Traveling can be confusing for U.S. permanent residents, which makes it doubly important to follow all laws. When you travel a few weeks to a few months, you will rarely have problems. However, if you leave for extended periods, you need to know the laws. This guide shows you how laws work and gives tips on traveling.

When will you lose permanent residence status?
In most cases, losing your green card will come after obvious cases of moving to another country permanently. If the USCIS decides you’ve abandoned your permanent resident status, you will have to reapply upon reentering the country. To be clear, let’s go over how you might lose your green card (permanent resident status).

-You move to another country with the intention of living there permanently.
-You leave the U.S. for one year without obtaining reentry permit. Sometimes, if the government feels you’ve been gone too long, your case can be reviewed in less than a years time. A professional immigration lawyer can help in these situations.
-If you leave the country for more than two years after getting a reentry permit but no returning resident visa, you can lose your green card. Again, it can be less time in some cases.
-If you do not file your income taxes – by law all permanent residents have to file tax returns – then you can lose your green card.
-If you declare yourself a non-resident on your tax returns, you will lose your green card.

Now let’s go over travel.

International Travel and Keeping Your Green Card

If you travel for less than six months, you will rarely have any troubles in reentering. You must travel with both your passport and green card in order to do so. If you stay six months to a year, you can apply for readmission with the authorities.

If you leave the country for more than one year, but less than two years,  you need a reentry permit to come back. In other cases, if you’re unable to return to the U.S. in time, you can go to a U.S. consulate office and apply for a returning resident visa.

Tips on Staying Outside the Country

Usually if you leave the country for less than six months, you will have no problem reentering and keeping your green card. The longer you stay outside, the more problems you may face. If you intend to stay outside the country, and have no plans of reentering for long periods, you rarely have legal problems. If you want to be able to come back into the country after extended travel, you should consider contacting an immigration lawyer. For example, if you left the country for over 1 year, you may lose your green card and will need to apply again.

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