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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

Getting green cards through family is very common, but sometimes misunderstood. Clearly there are some laws you must follow, some tips which can save you time and money, and major benefits for you and loved ones if the petition for permanent residency status succeeds. Let’s answer some family based immigration questions.

What is a green card?
A green card allows you to live, study, and work in the United States. You are considered a permanent resident, though you will have to reapply every 10 years. There are many benefits: you can live here, study here, find jobs here, and petition for other family members to come too. It’s also the first step in earning U.S. citizenship.

What is citizenship?
Citizens of the United States have the most rights. You no longer have to file every ten years to stay in country if you’re a citizen. You can vote. You can pay taxes (technically you do with a green card too), making you eligible for benefits like Social Security and medical coverage. You can also travel when and where you want for the most part, with no difficulty in reentering the country; also, you can live somewhere else and still return to the U.S. as a citizen. If you only have a green card, it can be difficult to travel in and out of the country, and if you leave for extended periods, you may have to reapply. Citizenship for immigrants most often comes after first getting a green card.

How do you get a green card?
One of the most common ways to earn a green card – permanent resident status – is to apply through family. Technically, you have a better chance of an early decision with family based petitions. This is because family based petitions are put ahead of others. For example, if you are  a U.S citizen, you can sponsor your new spouse. This will be a much faster process than if you sponsor a distant relative. In other words, family based visas and green cards carry more weight the closer to you they are, or the closer the one you love is. If you are in need of being sponsored, your best options are to be sponsored by your spouse, parent, or sibling.

The Rules on Petitioning for U.S Citizenship
You can petition based if you are a U.S citizen under the following rules. If you want to be petitioned, this applies to you as well.

-You can be sponsored or you can sponsor via your spouse. You can also sponsor a child under 21.
-Your parent can sponsor you if you are at least 21 years old, or if you’re the parent you can petition an adult child.
-You can sponsor your unmarried child over 21, or their children.
-Finally, you can sponsor a sibling and is or her spouse and children (as long as you are over 21).

If you have a green card, or your loved one does, the rules are you can petition your spouse or your child under 21. Lastly, you can sponsor your unmarried child under 21 years.

How to Start
To get this process going, knowing the laws is one thing, but following them is another. You need an experienced immigration lawyer to help with your case. A lawyer can make sure you follow the above rules and more, giving you and your loved ones the best chance of getting green cards and eventually U.S. citizenship.

The immigration process is taking forever, you’re unhappy with how it’s going, and maybe your lawyer is overcharging you. Can you fire your lawyer? What if they made mistakes in your case? Are they breaking laws?

Can you fire your lawyer?
Yes, at any time, if you are unhappy with your immigration lawyer, you can fire him or her. You are still liable for any fees the lawyer has charged up to that point, but no future fees. In  most cases, there is no problem with firing your lawyer. If your immigration process is ongoing, it may be problematic to change lawyers. However, if you are very unhappy, it’s allowed.

Who do you hire next?
How do you hire your next lawyer to take your case? Obviously something went wrong with the first lawyer, so you might want to query several. If time isn’t on your side, take a day to query lawyers asking for fees, experience, and availability.

What if the lawyer failed in the case?
You might also ask if the lawyer is promising your immigration process will be very easy. In legal terms, you can always face the problem of failure. If a lawyer is promising the world, consider that no case is perfect and a winner until the end of it. If you get your green card or earn citizenship, it is a success. But if be careful if the lawyer is promising it will be very easy. In most cases, it will take time and effort.

How much does an immigration lawyer cost?
Lawyer fees vary depending on time involved. You should query more than one and check their rates for your specific situation. You will likely get an average rate.

Should you hire the cheapest?
You should not hire neither the first lawyer you find nor the cheapest. Be thorough in searching.

What if your lawyer fails to stay in contact?
If your lawyer fails to stay in contact with you, it might be wise to consider other counsel. After all, this is your future on the line. Bad communication does not make them bad lawyers, but it hurts your process and can cost you time.

What if your lawyer is unethical?
If your immigration lawyer is acting unethically, you have many options. This includes punishment such as suspension, or even disbarment from law (where they can no longer practice law). If you’re worried your lawyer is breaking laws and putting your case in jeopardy, you should contact  a local attorney. If you are not in the country, you may contact the local U.S. consul for assistance.

What’s the difference between the right immigration attorney and the wrong one? The right one cares about you, spends significant time on your case, and does not overcharge you. And you’ll know a bad one when you work with them. The good news is, you can always get a new one.

One common question we hear is, just what is naturalization?

But to answer that question, you have to know what immigration law, immigration visas, and green cards are. This post will educate you on immigration law, but if you have more questions, feel free to contact us or comment.

What is immigration law?
This is a federal guideline (or law) used by the United States government in regulating travel and residency here. That means the U.S. government is the first person you go to if you want to stay, work, and permanently live here. Also, under federal law you can be deported if you break immigration law.

What is an immigrant?
An immigrant either 1) wants to live for an extended period in the U.S. or 2) wants to live here permanently. If you get a green card, you are considered a permanent resident.

What is an immigrant visa?
This is authorization to stay in the U.S.. after qualifying for permanent residency.

What is a green card?
A green card is given to you if you qualify for permanent residency status. If you want to become a U.S. citizen, in most cases you first need to be a permanent resident. A green card lasts 10 years and allows you to live and work in the U.S. You do have to reapply after 10 years, or apply successfully for citizenship. You can apply for a green card with an immigration attorney’s help. You can technically be deported for breaking U.S. laws. The good thing is you are eligible to stay, study, and work in this country, and you can sponsor other family to do the same.

Now, what is naturalization?
If you are naturalized, that means you are a legal citizen of the United States. This is the dream for many immigrants, especially in dangerous, economically weak, and unstable countries who want the opportunity to live, study and work in the U.S.

How do you become naturalized, a U.S. Citizen?

You can apply under one of three steps.
1-You have been a permanent resident for five years
2-You have been a lawful permanent resident for three years, have been married to a U.S. citizen for those years, and you continue to be married.
3-Or, your parents are U.S. citizens. If you are under 18 years of age and your parents are citizens, you are automatically a U.S. citizen. Otherwise you can apply with a good chance of success.

Will your children be U.S. Citizens?
If you have a child and you’re a U.S. citizen, he or she is automatically considered to be naturalized. The limit is 18 years. If you were just naturalized and you have a 20 year-old son, for example, he can be sponsored through you but he isn’t automatically a citizen.

What’s the first step?
The first step in becoming a U.S. citizen is to do some research and ask for help. An experienced immigration attorney can help you get a green card, become a U.S. citizen, sponsor family, and reap all the rewards of living and working in the United States.

Immigration law can often be complex, but with the advantages of living in the U.S., how the jobs and standard of life are so much better than many third world countries, it’s clear why so many seek to start a new life here.

What immigrants come for can vary. One subject on the minds of many who live in a dangerous country is how the U.S. can grant asylum. In other words, you escape your persecution in some form. The persecution can involve race, religion, nationality, political opinion, or your involvement in a social group.

There are differences between asylum and refugee status, which we’ll address immediately.

If you’re currently outside the U.S., perhaps in the country where the persecution is taking place, you can apply for refugee status. That means if you are being persecuted in an African country, for example, and you are there currently, you are eligible for refugee status. On the other hand, for asylum status you are already in the U.S. That often means you’ve often fled the country you were being persecuted in, and are currently staying in the U.S. to avoid persecution.

“Persecution” is where this gets tricky, and where a good immigration lawyer can help you immediately. The U.S. considers persecution in your resident country as:
・    The country you’re in imprisons and tortures political dissidents
・    The country fires on protestors
・    The country has committed and is commuting genocide
・    This country is not actively allowing a religious group to be involved in politics whatsoever

In many countries, some of these things are common. For example, firing on protestors is an unfortunate event that does occur often enough to be addressed by other countries like the U.S. Also, in many countries, your religious affiliation or race can be held against you; a Muslim or Catholic not being allowed to vote or serve in politics for example.

There ares still more examples of persecution recognized by the U.S. and many other countries. For example, persecution against woman — either in not being allowed to vote or even forced marriages — is sometimes factored in.

How do you know if you’re eligible for asylum or refuge status?
The laws do change as the world changes. While some of these forms of persecution deserve separate posts, the reality is you might not even know you’re being persecuted. If you’re unsure of your options, an experienced immigration lawyer can explain the asylum and refuge status to you. Whether you’re already in the U.S. or still home being persecuted, hiring a professional attorney who can answer all your questions is invaluable.