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

October 28, 2010

Becoming a U.S. Citizen: 10 Minute Civics Lessons (Part 3)

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.

October 4, 2010

Rights a Green Card Gives You – And Responsibilities You Have

To put it it simply, you gain more rights as a permanent resident of the U.S. than the majority of others have in the world. While the U.S. being the “best” place to live, work, and raise a family can clearly be debated, the simple fact is for many immigrants the dream is more than worth having.

What rights does a green card give you?
You can work most all jobs in the U.S. You have about all the same rights as a citizen. There are some powers you do not have, as we’ll go over next, but suffice to say you get more than you might think.

What can’t you do?
You can’t vote in most elections. If you break major U.S. laws, you can be deported (citizens cannot be deported). So you cannot break laws, such as getting a felony charge, and expect to stay here.

What are the major benefits of permanent residency?
You can sponsor immediate family for green cards once you come here. If you have a spouse, for example, you can sponsor him or her. If you have children born in the U.S. they will get automatic citizenship, a true dream for many. Perhaps best of all, getting a green card means you will be eligible for becoming a U.S. citizen over time. If you earn citizenship, you can sponsor more family to come to the U.S., you can vote in all elections, serve in the armed forces, pay taxes and therefore be eligible for social security when you retire, and much more.

What if you leave?
You have rights even when you leave the country. Generally you don’t want to leave much longer than six months. You can travel often as a legal permanent resident, but be aware of your visa status. If you stay for a year or more, you may lose your green card and have to reapply.

Who can help?

An experienced immigration lawyer is essential in understanding the rights, benefits, and opportunities a green card gives you. Perhaps more importantly, once you are eligible to apply for U.S. citizenship, an immigration lawyer is invaluable.

Where do you start?

To get started in applying for a green card, a good first step is to start reading up on immigration materials and laws. You can visit the USCIS.com for immigration laws. You also want to start searching for a professional lawyer to help you. With both knowledge of U.S. immigration laws and a legal expert helping you, your chances of successful immigration are very high.

October 1, 2010

Becoming a U.S. Citizen: The Basics

America. The Land of Opportunity. A country built by immigrants.

According the United States Census Bureau, since 2006, this country has welcomed more settlers than all the other countries of the world — combined.

On October 3, 1965, President Lyndon B. Johnson stood at the base of the Statue of Liberty and signed the Immigration Act of 1965, “correct[ing] a cruel and enduring wrong in the conduct of the American nation.” With a stroke of his pen, American policy was changed. Quotas limiting the number of immigrants per country and region of the world were lifted, allowing the law to better heed Lady Liberty’s call to “give me your tired, your poor, your huddled masses yearning to breathe free.”

Between 1970 and 2007, Census Bureau figures show, the number of first generation immigrants in the U.S. increased four times, rising from 9.6 million to 38 million. The year 2008 welcomed nearly 1.1 million new naturalized U.S. citizens. Most of them came from Mexico, India and the Philippines.

As of October 1, 2010, the population of the United States was 310,383,695.

So, how does one join the ranks of the millions of people from around the world that legally settle in the United States each year? Basically, the answer is three-fold: through citizenship, through permanent resident status (“Green Card”) and for humanitarian reasons (refugees and people seeking asylum). One can only become a U.S. citizen by birth or through naturalization.

Naturalization is a process for people born outside the United States. It requires paperwork, money, an oath of allegiance, and a crash course in U.S. history and government.  All the requirements and procedures are outlined in the U.S. Citizenship and Immigration Services (USCIS) document M-476, “A Guide to Naturalization,” which can be found on the agency’s web site, www.uscis.gov or by calling 1-800-375-5283.

The journey begins with completion of the Form N-400, “Application for Naturalization.”

Photographs and fingerprints are taken to complete the application, and an interview with a USCIS agent is scheduled. There is a fee of $595 for the application and an $80 “biometric services fee” for fingerprints, totaling $675, payable by check or money order to the Department of Homeland Security.

When a person is naturalized, they accept all the responsibilities of citizenship. They pledge allegiance to the United States, agree to support the Constitution and to uphold its laws. The pledge, or “Oath of Allegiance,” promises you:

•  Give up all prior allegiance to any other nation

•  Swear allegiance to the United States

•  Support and defend the Constitution and laws of the United States

•  Serve the country when required

The other main requirements to become naturalized are the ability to speak, read and write in basic English, and demonstrate a knowledge of the fundamentals of American history and how the government works. Newly naturalized citizens register to vote and are encouraged to become actively involved in their new community.

We’ll examine the naturalization process in greater detail in upcoming posts.

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 10, 2010

6 Naturalization Laws You Need to Know

If you’re interested in becoming a U.S. citizen, knowing how immigration laws work is important. Therefore, this guide will go over some common naturalization laws you should know. If you are insure of any of these steps, consult with an experienced immigration lawyer.

Citizenship Through Marriage

You can become a permanent resident of the United States (meaning you get a green card) by marrying a U.S. citizen. You then can become naturalized yourself, though instead of waiting the full five years, a little known fact is that you can in fact apply in three years. You will still have to pass tests and follow laws, but the process can be shorter.

Naturalization by Birth

Perhaps the easiest way to become a U.S. citizen is to be born in this country. Not all countries use this law, where simply being born on U.S. soil grants you citizenship, something which can never be taken away. This does not help those who were born elsewhere, but if you have children on U.S. soil, even as a permanent resident those children will then be considered U.S. citizens.

Green Card Leads to Naturalization
It takes 5 years after getting your green card to become a U.S. citizen. This is the most common way to get your green card. How do you get the green card in the first place? You can be sponsored by family or an employer. If immediate family sponsors you and they are U.S. citizens, the process only takes a few months.

Breaking Laws
U.S. citizens cannot be deported, but permanent residents can. There are three main types of crimes: infractions, misdemeanors, and felonies, in that order of seriousness. It’s important to avoid breaking major laws because the worse the penalty and the greater the chance of jail time the more likely you will be deported. U.S. citizens have to follow laws too, but cannot be deported.

Protection of Citizenship
Citizenship, as just noted, grants you the right to live in the U.S. as long as you want, to leave whenever you want, and to never be deported for breaking criminal laws. You will still be punished for crimes, but you have protection from deportation.

Tests
In order be naturalized, immigrants need to take tests showing knowledge of  U.S. history and laws, an ability to read and write in English, and a willingness to swear an oath to this country.

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.

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