Immigration Attorney

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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 27, 2010

What is an Immigration Hold?

An immigration hold is also called an immigration detainer. It means that the Immigration and Customs Enforcement (ICE) branch is making a claim against an immigrant being held in state or federal jail. You may have broken a law, been charged with a  felony, and face some jail time. What happens is the ICE can take you from the jail and deport you, though giving you a chance to plead your case.

Being deported is very scary. You had the chance to live in here, but some mistakes were made. The problem is that immigration law itself is such a divisive issue. And today the ICE has more legal power and the desire to deport immigrants who’ve overstayed their time here or broken criminal laws.

What can you be deported for?
There are three kinds of crimes: infractions, misdemeanors, and felonies. An infraction is a minor mistake like speeding or running a stop sign. A misdemeanor is more serious, such as a drinking and driving DUI arrest, where you can be deported. Felonies are the worst, such as assaulting someone, and quite often come with jail time. If you end up going to jail, the ICE can take you from jail and give you a hearing. You will then be asked on the nature of the crime, have the opportunity to post bail, and possibly face deportation.

Assuming you have a green card, you are in danger of deportation. That’s why citizenship is desired by many: you cannot be deported.

What happens after?
The ICE will find you, hold you, and decide what to do next. They will go over your information, and give you a chance to explain yourself. In most serious crimes, you can be deported. The ICE will be going through your immigration status, so that if you are here illegally, no matter the crime, you are now in danger of being deported.

Getting Immigration Law Help
An immigration hold requires the help of a very knowledgeable immigration lawyer. Being deported is the worst possible thing which can occur. You should also consult with a criminal lawyer on how best to defend yourself. In order to properly know your rights, and to stay here, an immigration lawyer is invaluable. But in any misdemeanor or felony charge, you also should hire a criminal lawyer. Even though you are an immigrant, you still have legal rights. A lawyer can help defend them.

August 23, 2010

Are You Eligible for U.S. Citizenship? Some Tips on Successful Naturalization

Immigrating to the United States has many inherent advantages. A better life can be a found here, a better job, a better education for you and your family, and more rights than many other countries, such as the right to vote and financial help. This is why so many immigrate to the U.S. But how can you immigrate? One option is getting a green card by being sponsored by immediate family or by an employer. Once you get here, you may want even more rights than a permanent residency gives. That means you want to be a naturalized U.S. citizen, who has the most legal rights of any person in the country.

How do you know if you’re eligible for citizenship? What can you do to improve your chances of success? How much will it cost? And who can help? Let’s find out.

Criteria for Naturalization – Becoming a U.S. Citizen

The laws below govern whether you can be naturalized. If you do not meet any of the following guidelines, you will not be able to earn citizenship just yet.

-You have been in the U.S. as a legal resident for at least five years. If you are here as a refugee other for asylum, you need to speak with a lawyer as you may be eligible.
-You have been present in the U.S. for at least half of said five years.
-You have been in the state you’re applying for citizenship in for at least three months. So if you’re in Virginia, you must have been there for a minimum of three months before you can apply for citizenship.
-You have not traveled outside the U.S. for more than a year.
-Your main home is not in another country. So if you have a permanent home in Mexico, you may not be eligible.
-You can speak, read, and write in the English language.
-You have good moral character (just a way of avoiding criminals).
-You can pass a test on U.S. history and government.
-Finally, you can swear to the ideas of the Constitution and will be loyal to the U.S.

What if you are not eligible?

Remember, in order to apply for citizenship you must first be a permanent resident – having a green card. If you are not eligible, as you can see from the above guidelines, you will likely get another opportunity. For example, you may have only been a resident for four years, meaning you need only wait one year for the opportunity for citizenship. Or you may have recently moved to another state and have only been there one month: in this case, you need only wait a few more months to apply for citizenship.

How can you improve your chances of success?

First off, you need an immigration lawyer. He or she is invaluable in this process. You can save you a lot of time and headaches by hiring an experienced lawyer. That’s the best way to ensure all the applications are filed correctly. Also, you can consult with any family you have who might have successfully earned citizenship. They may be able to give you some basic advice on what to expect on tests and such. As to taking the tests, they are not impossible, and if you put some time into studying, if you already have a grasp of the English language, you should have no problems.

Who can help?

An immigration lawyer is invaluable. There are many who help immigrants trying to earn citizenship. Look for experience first, then factor in the price of the lawyer.

August 16, 2010

7 Tips On Meeting with Your Immigration Lawyer

Hiring an immigration lawyer is perhaps the defining legal moment of your life. Why is that? An immigration lawyer can be instrumental in you being allowed to live, study, and work in the United States, while also affecting your immediate family who you can sponsor for immigration. The laws are quite complex, but a lawyer’s job is to help you navigate these laws. This blog guide goes over how you can and should meet with your immigration lawyer.

Get to Know Them
At your first meeting, it can be easy to go into legal matters, asking fees, questions on availability, and seeing how much experience they really have. What’s often overlooked is the fact that you should also get to know this person; they will be integral in getting your green card and becoming naturalized. By getting to know your lawyer with a short but important consultation, you can better decide if he or she is capable of helping you.

The Lawyer Is Boss

Let the lawyer handle the conversation. That may seem odd, as you have dozens of questions. But it can save time when meeting with your lawyer to let him or her control the initial discussion; he or she can go over many key questions and concerns you may have not thought of, and answer them quickly. You should also have your own questions and concerns ready once the lawyer goes over the basics.

Tell the Bad

Have you made mistakes in immigrating to the U.S.? Perhaps you were here illegally at some point, or you stayed longer than your visa allowed. Your immigration lawyer is legally bound to keep everything you tell him or her private; this is the lawyer client privilege. So if you made some mistakes, the best person to tell them to is your lawyer.

The Lawyer Helps

As immigration law can be confusing, you may not know of all your options. A lawyer can explain other opportunities you or your family may have in immigrating to the U.S.

How should you continue?
Be well prepared for this meeting, because your lawyer can give essential tips to get this process going. The more prepared you are, the more productive this meeting will be.

Promises
You want guarantees from your lawyer, but the bigger they are, the harder to fulfill they can be. If a lawyer promises he’s never lost an immigration case, of any kind, this is a warning sign. It may in fact be true, but few immigration lawyers have perfect success rates.

The Fine Print
Finally, meeting with your immigration lawyer is not all about talking; it’s also about going over legal agreements. If you sit down and your lawyer asks you to sign a 20 page letter full of language you don’t understand, this too can be a warning sign. Only sign contracts you understand, that are in plain English, and do not have a lot of fine print.

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 2, 2010

5 Answers On Choosing from Many Immigration Lawyers

One common problem faced by immigrants unaware of immigration laws is how to get the correct information and the right representation. This process can be very difficult when you are choosing between literally thousands of qualified lawyers. On the other hand, you may have hired an immigration lawyer, but want a new one. In cases where you hired the wrong lawyer, this blog guide gives some tips, along with how to choose between the great number of lawyers available.

Where do you find them?

You can find immigration lawyers through references, by going to local offices, looking online, and also by making some phone calls. It does depend on where you are. Say you are interested in getting a green card. In this case, you can hire a lawyer from just about anywhere in the U.S., but the closer to you the better. You may want to make a visit here with the goal of finding a lawyer. If you go to a big city, there are quite often immigration lawyers available. On the other hand, you may prefer choosing one online, as you have literally thousands of options, you can find out rates, and you can see experience.

Can you fire your lawyer?

You can almost always fire your lawyer when it comes to any legal matter. It may get complicated if you have an ongoing immigration case, but there is no point where you can’t fire them; it’s your legal right. You will still have to pay whatever fees were involved up to the point you fired them.

What if your lawyer fails?
Quite often lawyers promise their clients too much in the hopes of getting money. In any legal matter, there is a chance of failure. Just because you, for example, failed to become a naturalized U.S. citizen does not mean you fire your lawyer. If you feel your lawyer acted in the wrong, made too many mistakes, or charged you too much, you may consider going ahead and firing them.

How much does it cost?
Immigration to the United States is not always easy nor cheap. It takes some time for you to get a green card or citizenship, unless you have immediate family in the country. However, immigration lawyers know that immigrants rarely are rich when they come here; they come for the opportunity to make more. The best way to find out rates is to consult with 5-10 immigration lawyers about rates, if not more.

How do you hire the right one?
We just mentioned one part of this answer: consult with a good number of lawyers. Don’t hire the cheapest one or the one who promises it will be an easy case. Immigration is rarely if ever a simple process; it takes time and hard work. Focus on experience, availability, rates, and how well you get along with the lawyer.

July 28, 2010

How a Lawyer Helps with Immigration Problems

Your lawyer is a lifeline, getting you through most any immigration problems. And they do happen. You have questions on your green card. You want employment. You want to become a U.S. citizen. The nature of your needs can be different, but how an immigration lawyer can help depends on the lawyer.

How to Hire a Good Immigration Lawyer

Hiring a professional lawyer should not be rushed. However, it can be hard when you are short on time and need action fast. In order to speed up the process, starting making some calls and asking for consultations. You want free consultations, first of all, as charging you for a meeting before you even hire them is unfair. You should consider experience, rates, and availability. For one, experience in documentation filing, laws, and in court can really help. You also want a lawyer you can afford; not the cheapest, but not one out of your price range. And in many cases lawyers who charge much less can do so by spending very little time actually helping you; you need one with the time available to do so.

How an Immigration Lawyer Helps with Immigration

Your lawyer best asset is his or her knowledge on immigration law. You likely have many, many questions. You may be curious about how you can sponsor a spouse or family member for a green card, or how to apply for one yourself. You may run into legal problems while in the country. An experienced immigration lawyer can answer any and all questions related to this field.

Green Cards

If you’re interested in living in the United States for some time if not permanently, your immigration lawyer can help you follow all laws, file the correct documents, and get action as soon as possible. For a green card, you will need to be sponsored by family or an employer. Being sponsored by immediate family such as your spouse can really make this process quick, as the laws allow for faster processing for immediate family. You want to get this right the first time, as it can be very difficult to apply without legal help.

Citizenship
Citizenship is a dream for many permanent residents, and an immigration lawyer can help make this dream a reality. Citizenship has many advantages, as you have the most rights as anyone in the country. Just in 2009, over 1 million immigrants were made naturalized U.S. citizens. A lawyer can make this process easier for you legally.. If you run into legal troubles, if you have a criminal record, or if you want this done quickly, a lawyer can help.

How much will it cost?
Fees for immigration vary, though the actual fees you pay to the government depend on what you are applying for (typically small amounts in any case). Your immigration lawyer can explain his or her rates upon consultation. You really have to put some value on this. If you can live and work in the U.S., you and your family will have far more opportunities in terms of work, education, benefits, and safety than most other places in the world.

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 14, 2010

What is a Visa Petition?

The visa petition is the first step in getting your green card. It’s also the first step for you to be sponsored by a family member or employer for this green card. What does it involve? How long does it take? This blog guide answers many questions about the visa petition.

The First Steps

A visa petition involves you applying for a green card through a form via a family member or employer. It can also mean you’re sponsoring a family member for a green card. The process begins when a family member sponsors another, or when an employer decides to hire you. There are different rules for both family sponsoring and employer sponsoring. For family, you must be able to prove relation; if your mother sponsors you, a birth certificate would prove she’s your mother. And the family sponsoring the immigrant must be able to prove they currently have a green card (which is easy). If you are coming here for a job, the employer must be able to prove they cannot find qualified workers here in the U.S.

In either case, it’s up to the family member or employer to sponsor the immigrant. You cannot sponsor yourself or fill out the immediate paperwork.

How it Works
As stated, your family member needs to prove relation and that she or he has a green card. The employer must get labor certification, proof it can pay your wages by showing taxes or annual income reports, potentially your education, and some other information.

Waiting
Once your family member or employer files the visa petition, you are now on a waiting list to come to the U.S. This list is large and only a limited number each year are given green cards. Once your petition is filed by a family member or employer, you are given a date which is your number on the list of immigrants. You can keep track of this online too. There are differences if an immediate relative is sponsoring you.

Advantages for Family
While there is a set number for the number of immigrants allowed into the country each year, quite often the rate of green cards given goes over the number. Why? If an immediate relative sponsors you, such as your mother, father, or sibling, you can be given priority status. You need not worry about priority dates. In some cases, the permanent resident and family member who sponsors you can do so and save you months in actually applying. The only exception is when sponsoring a family member who is in the U.S. illegally.

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