Naturalization

You have come to the United States and want to make it your home. You may have gone through the immigration process and become a lawful permanent resident, but it is your hope and desire to become a United States citizen...

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Immigration Case Review

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 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 13, 2010

Positive Ways to Look at Immigrating to the U.S.

While the debate over letting immigrants into the United States is cause for extreme controversy, what many fail to realize – beyond how immigrants help or hurt our country – are the benefits for immigrants. It’s more than jobs and benefits, though those are the big benefits. Living in the U.S. has many positives – mentally, physically, and economically.

The Benefits of Working a Good Job

Yes, jobs are big, but not just in terms of getting a higher paycheck. How many hours per week do you work? Say you work 16 hours a day in a factory in South America, barely making enough to feed your family. Or you have no medical coverage with your job, you’re hurt and cannot work, putting your family in a terrible position. This will have major affects on you mentally. There are more regulations for pay and hours in the U.S. than in all third world countries. You get more than money; you should be treated fairly. It’s a dream for many of us.

How Your Children Prosper

Consider where you would be now if you’d had more opportunities. Consider the chances you want for your children to get a better education. This can be life changing. If you come from a country where education is secondary to working in poor paying jobs, it might seem different to consider your children as having a chance for a better life. In fact, they quite often do.

The Opportunities for Medical Help
Another positive is the medical system in more economically strong countries. True, the U.S. is having some trouble with people lacking medical coverage, but there are many advantages when compared to poorer countries where medical coverage is rare. You have more opportunities for medical coverage if you work a job or have a disability. So do your children.

The Chance to Serve in the Military
While this may seem secondary, the military is a good way to get a second chance on life. You can serve the U.S.. get an education, learn some unique skills, and do so in the best military in the world.

The Ability to Vote
Voting is never secondary; it’s one of the most positive elements immigrants can get, especially from countries where voting is either corrupt or not even allowed.

Immigrating to the U.S. has many more positives than we can list. The first step is to speak with an experienced lawyer, who can help you successfully get a green card, earn citizenship, and get a better life for your family.

September 20, 2010

What is an Immigration Background Check?

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.

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.

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.

May 21, 2010

How Many Immigrate to the U.S. Every Year And Why?

The records are being broken every year in the 21st century in terms of immigrants deciding to pack up and live the dream. But how many people have really immigrated to the U.S. in past years? Why is it growing? What are the advantages of living here legally, and of U.S. citizenship? Let’s find out.

How many immigrate to the U.S. ever year?
The numbers vary, but a recent government study said over 1 million people became legal residents of the U..S in 2009. And over 1 million legal residents of the U.S. became naturalized U.S. citizens in 2009.

Where are they going?
Historically, New York was the big draw for immigrants, and it still is. However, since the majority of new legal residents and naturalized citizens come from Mexico, they often live in California. That does not mean Mexicans are immigrating in the hundreds of thousands to just one state, but Mexico sends the most immigrants too the U.S. ever year. And because of this, and for other reasons, California has been the #1  place for new immigrants and citizens to live.

How many illegal immigrants are there?

This is a tough subject, but it bears a consideration in the current debate over illegal immigration. Some estimates are that about 20 million illegal immigrants are in the U.S. However, other studies consider that too high and the real number currently over 10 million. Also, still more studies have pointed out illegal immigration is declining.

Why are they coming to the U.S.?
The U.S. has been an open door country throughout its time. Immigrants have come to the land of opportunity for, well, opportunities. Some fled from persecution, others wanted better jobs, others simply wanted the better system of government, and some wanted to simply live in a better area for their children to grow up.

Immigration has always had an impact economically, socially, and politically on the U.S. Even back in the 19th century, when Irish immigration was considered a problem, there were calls for closing borders.

Why leave borders open?

Since this country is technically all immigrants, that’s one argument. The other one is that immigrants are taking jobs, breaking laws, and have no understanding of how the country works. Still others point out illegal immigration is costing in other ways.

Why naturalize citizens?
For immigrants, becoming naturalized U.S. citizens is the dream. If you want a better life for your family, it’s a dream. For those of us who are already U.S. citizens, it may be easy to say these citizens are taking opportunities, school desks, and money away from us. They are also spending money, creating jobs, studying to get better jobs, paying taxes, and serving in the armed forces.

Need immigration help?

Finally, you want to live in the U.S. — you want the dream. What’s the first step? You hire an immigration lawyer to first help you earn a green card and then apply for U.S. citizenship.

May 7, 2010

What is Naturalization?

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.

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