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

December 6, 2010

7 Benefits of U.S. Citizenship

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

Family Support

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

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

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

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

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

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

November 19, 2010

How Does an Immigrant Become a U.S. Citizen?

If you want to become a U.S. citizen, the most common path is to get a green card and become a permanent resident, and to legally stay in this country for 5 or more years. In other words, you get a green card, you follow U.S. laws, and you stay here for at least 5 years, upon which you will be eligible for citizenship. There is much more to it than that, so let’s get into the details, asking why and then how.

Why become a U.S. citizen?
You become a U.S. citizen likely for the rights you get, but do you really know all of them? You can vote, first and foremost. But also, only U.S. citizens are allowed to take federal jobs, which can often be very lucrative positions. U.S. citizens can directly sponsor other family, often cutting the time of the process down considerably. If you are a citizen, and you have child born in the U.S., they are automatically citizens, and usually even if they are born outside the border they will still be naturalized. You will also get a U.S. passport, protecting you and your rights abroad by having access to embassies. There are many more benefits – such as the fact you can be an elected official – but as you can see citizenship can change your life.

Are you eligible for naturalization?
There are many basic requirements for citizenship. First, you must be 18 or older. Second, you must have had your green card for at least 5 years prior to applying. You cannot have traveled too much, leaving the country for years at a time (the law says you must be here at least 30 months out of 5 years preceding applying). You must be able to read, write, and speak in English. You should also be a person of good character, have little legal record, and be willing to uphold the principles of the U.S. constitution.

Some of these laws may seem odd if not unfair. Why would you need to be able to read, write, and speak in English? Well, this is not intended to keep out foreigners. Laws are written in English, down to the stop signs on streets and the parking tickets you get in the city. If you cannot read English, you may not be able to understand our laws. If you cannot write and speak in English, the problems are the same: you will not be able to express yourself to many, to understand laws, and if need be, to defend yourself in court.

Do you have to apply via a green card?

For immigrants, the path from green card to citizenship usually takes 5 years, unless you marry a U.S. citizen, and stay here for 3 years, where you would be eligible for citizenship earlier if the marriage is valid.

What if you are denied?
Say you have a criminal past, and the USCIS denies your application. Or say they are unsure of certain points about your application, such as your ability to write English. If you are ever denied, you can always appeal. If you’re application is continued – different from denied – you still have an opportunity for citizenship. In any case, it’s time to consult with an experienced immigration lawyer. A lawyer is essential in getting a green card legally, proving your value to American society, and benefiting from citizenship.

If you are ever unsure of how the process works, hire an experienced lawyer.

November 3, 2010

What is Illegal Immigration Amnesty?

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

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

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

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

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

Get Immigration Help

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

November 1, 2010

Your Green Card Status After a DUI

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

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

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

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

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

October 29, 2010

Importance of Following All Immigration Laws

Instead of looking for loopholes in the U.S. immigration system, save yourself some trouble and follow all laws. Why? What should you avoid doing? And how can you honestly get a green card?

Immigration Fraud
In a recent post on this blog, we went over the dangers of immigration fraud. While some of U.S. immigration laws may seem unfair, your best chance of getting a green card is through legal means. If you lie on immigration documents, it hurts you most.

What might you lie about? Commonly, immigrants lie about their criminal history – or if they had ever illegally immigrated to the U.S. before. It’s always better to be completely honest about these issues. If you had some legal problems, what have you changed? If you immigrated illegally, explain you want to do it right this time. If you are honest with the USCIS, if you explain you have changed your life, you will have the best opportunity of getting a second chance. Instead of worrying whether you’ll be caught or not, you can get a second chance legally.

What fraud is committed?

As noted, many immigrants lie on documents submitted to the USCIS – most notably on their criminal history. There are other frauds committed too, namely by an “immigration consultant” who has no legal background but pretends to have someone on the inside. Well, first of all, it’s rarely true that they know someone in the USCIS who can push your green card complication through. Second, if it were true, you are breaking laws, and risk ever being allowed in the U.S. legally again.

What laws must you follow?

Follow all immigration laws. Be completely honest about everything. If you are worried telling the truth will hurt your chances, remember that few of us are perfect. If you made some mistakes, perhaps had a criminal history, you will have the opportunity to explain it to immigration officials. If you lie and are caught, you have no chance. If you tell the truth, there is no guarantee you’ll get  a green card, but you do have a great chance. If you have any kind of criminal history, or if you illegally immigrated before, be honest. Answer all questions with all honesty. It will pay off.

What if your lawyer is dishonest?
If your lawyer is asking you to break U.S. immigration laws, fire him or her. Before you even hire an immigration lawyer, ensure they are completely honest. Sometimes immigrants are taken advantage of by people who call themselves “immigration consultants,” who have some “secrets” to successful immigration. There are no secrets. There are laws to follow.

Who can help?
The best person to explain all the laws is a real, honest, and experienced immigration lawyer. He or she can ensure you get a green card. If you get a green card, the next step is naturalization. Successfully immigrating to the U.S. can change your life, so find an immigration lawyer who is honest, fair on prices, and has helped many others immigrate.

October 22, 2010

Applying for U.S. Citizenship and How Decisions Are Made

How do you apply for U.S. citizenship?
If you have a green card, you can be naturalized as a citizen if you fit the criteria, including being over 18 years of age and having been in the U.S. at least 5 years. You will be submitting what’s called the Form N-400 when applying for naturalization. If you’re parents are U.S. citizens, and you are not, according to the the official USCIS site you can be naturalized. If you were born in the U.S., you are legally a citizen. If you were not, your parents immigrated, and they became citizens, the process is very simple.

The Naturalization Test

Once you fill out the citizenship forms accurately and honestly, you will be asked to take a test on English, U.S. history, and the government. These tests can be difficult for some of us, even U.S. citizens. According to the USCIS site: “During your interview, a USCIS officer will test your ability to read, write, and speak English and your knowledge of civics. You must read one sentence out of three sentences correctly in English, and you must write one sentence out of three sentences correctly in English.” You will also have to score high enough on the civics questions, getting at least 6 of 10 correct. If this is scary for you, don’t worry – there are many web resources for you to prepare, including this USCIS Resource.

How is the decision made?
You have three possible outcomes after taking the naturalization tests. You can have your citizenship request granted, continued, or denied. If granted, that’s good! You can finish up the process for becoming a naturalized U.S. citizen by taking an oath. If your application is continued, that means there are some problems that need to be resolved prior to citizenship being granted. You’ll get a letter explaining the problem and how it might be resolved.  Even if your application is denied, which means you will not be naturalized, you can appeal the decision.

Why work so hard for naturalization?
If you have a green card, you must reapply ever 10 years, maintain your residence in the U.S., and also be in danger of deportation if you break the law.  U.S. Citizens have the most rights, the most opportunities for jobs and education, and can sponsor spouses and immediate family for citizenship and green cards.

Who can help?
If you are worried about taking the naturalization test, have had your application continued or denied, or simply have some basic questions on the process, that is completely understandable. Save yourself some time and worry, and reap the rewards of citizenship by discussing your issues with an immigration lawyer.

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 12, 2010

Why Spend Money On an Immigration Lawyer?

It’s time to put some value into hiring an experienced immigration lawyer. Where do you  begin when hiring a lawyer? Do you really need one to get a green card or earn citizenship? Is it worth spending thousands of dollars?

If you can’t afford a lawyer, it’s understandable you may question giving him or her money you simply don’t have. You may either have to wait until you can afford a lawyer or try to go without one. However, if you have trouble with the English language, have never attempted to immigrate before, and are unaware of the laws involved, you may have trouble.

Is a lawyer worth it? Immigration lawyer fees vary depending on the nature of the case. Some may be willing to negotiate with you, and many offer free consultations to get started. Since few immigrants come here with tens of thousands saved up, you can easily get an experienced immigration lawyer for a fair fee. If you get a job paying twice or more than you are making currently, it’s definitely worth it.

Where do you find a lawyer? Searching online is good, but you should consult with as many lawyers as possible. Be weary of lawyers who promise rock bottom rates or say that they have insider knowledge on U.S. immigration. They may say they know someone in the USCIS (United States Citizenship and Immigration Service), which is almost always either a lie or illegal. Some call themselves “immigration consultants” and rarely do more than take your money.

In order to find a good fit, contact experienced immigration lawyers you find online. If you consult with ten lawyers, for example, and compare price, availability, and experience, you should be able to find a winner. The good thing about online is you can send emails 24/7, or fill out a basic form and get a call. Remember that even though a lawyer may be very good, offers fair prices, and has experience, he or she may not have the availability to really help you.

What does an immigration lawyer do? He ensures you stay within all U.S. immigration laws. If you want a green card, you have more options than you might think. While being sponsored by immediate family is the easiest, you might be able to try the green card lottery or find an employer willing to sponsor you. Few of us can understand all the legal terms when filling out documents, and that includes immigrants. You may struggle with the English language or simply have no legal knowledge. It’s nothing to be ashamed of, and it’s a good reason to hire a lawyer.

Is a lawyer worth a large portion of your income? Sometimes, he or she can help you make much more money over time. The sooner you get to the U.S., the more opportunities you and your family will have.

October 8, 2010

5 Tips When Traveling Outside the United States – Help for Permanent Residents

If you are considering traveling outside the United States as a permanent resident, you can make your vacation or business trip easier by understanding how the laws work. First and foremost is understanding what rights a permanent resident has.

Your Rights
You need to reapply for a green card – having permanent resident status – every 10 years. You will have the right to live and work in the U.S. as long as you follow all laws. If you travel, you can still return to the U.S., but you must follow certain guidelines. This includes, generally, keeping your residence here and not leaving for too extended of a period (generally over 6 months without returning). Also, if you are in another country more than the  U.S. over a long period, you may lose your green card. You still have rights, and if you’re worried consult with an immigration attorney.

What You Need to Travel
When you visit another country, you need to bring a passport from the country you are a citizen of, or a refuge travel document. Say for example you were born and raised in Brazil, but became a permanent resident of the U.S. through a job. You would need a passport from Brazil to travel to a country, such as France or England. There are some other laws involved here, namely the fact you may need a visa or to provide some other documentation to the country you’re traveling to. If you are unsure, you can visit the Department of State site at travel.state.gov for more info.

When You Return to the U.S.
You’ll need a valid green card. According the the USCIS (United States Citizenship and Immigration Service), “When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.” As long as you have not stayed away for too long, your green card is valid, and you have noted documents, you should be fine.

What if You Stay too Long?
Generally, six months is when you are risking losing your permanent residency status. According to the USCIS, “While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home.” If you are ever unsure, consult with an attorney.

Who can help?

An immigration attorney is invaluable to consult with when traveling. There are some steps you can take to ensure you maintain your permanent residency status. If you follow the laws, are honest, consult with legal representation, and break no laws, you should have no problems in traveling.

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.

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