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...

Green Card Green Card
Immigration Case Review

June 11, 2010

Immigration Through Adoption Basics

If you want to adopt a child born in another country and naturalize him or her as a U.S. Citizen, that’s called “Intercountry Adoption” and is allowed in many cases. You will be directly working with the USCIS (United States Citizen and Immigration Service) in this instance.

There are three processes for Intercountry Adoption. If you’re and your spouse are U.S. Citizens or permanent residents, you can adopt via the Hague Process, the Orphan Process, and the Immediate Relative Process. If you have never heard of these, you may be interested in hiring an immigration lawyer to go over the laws. This post will be a brief guide.

The Hague Process
In this form of immigration through adoption, the child originates from a country that is a party to the Hague Intercountry Adoption Convention. What does that mean? It means the country follows worldwide laws on adoption. If the child came from a country outside of this, the laws in immigration would be different. It first came into use in 2008, and is commonly used in most countries. If the country has a Hague recognized office for protecting children, as the U.S. has the Department of State, the world laws apply. As with any of these adoption options, you will need the services of an immigration attorney in order to make sure you follow the Hague laws, including U.S. Laws on adoption as governed by the USCIS.

The Orphan Process
This process is used when The Hague Intercountry Adoption Convention laws do not apply. There are many instances where you can adopt the child via the Orphan Process. You need to be a U.S. Citizen, be able to prove that the child is an orphan, and can prove you are able to take care of this child. In order to be classified as an orphan, the child must have either lost through death or separation his or her parents, or only has one parent who cannot effectively raise him or her.

The Immediate Relative Process
This third and final process occurs when the child has been adopted before is or her 16th birthday, the parent has had custody of the child for a minimum of 2 years, and is being adopted by a citizen or permanent resident of the United States. There are some differences to the other options, such the fact the process is not limited to children who have been or are going to be citizens.

How to Get Help
Adopting non-U.S. Citizens can sometimes be more difficult than the naturalization process for others. However, the benefits for the child are numerous, especially if he or she has never had parents or has parents who cannot properly raise and care for them. One way to understand this process better is to hire counsel, an experienced immigration lawyer who’s seen cases like yours before.

 

June 9, 2010

10 U.S. Immigration Tips for Keeping Your Green Card and Visa

A common problem in U.S. immigration is immigrants failing to reapply on time and correctly for permanent residency status, losing their green card in the process. Also, some don’t fully take advantage of the benefits of applying for naturalization, becoming U.S. citizens. This guide gives key tips on those subjects and more.

Delays
You should always be ready for delays when applying for a green card or extension. This is because there could be extended periods where the USCIS is extremely busy and takes much longer to get to your paperwork.

Applying for Citizenship
Instead of having to reapply for your green card every ten years, and rather than dealing with customs when reentering the country, applying for citizenship is a very good choice. This is because you will never have to reapply, can reenter the country with no problems, and get many more opportunities.

Staying up to Date on Address Changes
If you’re staying in the U.S. for extended periods you should also stay up to date on your address. Always make sure the USCIS is aware of any changes. If you’re only using a visa but plan to stay longer than 30 days, always keep the USCIS up to date on your address as well.

Getting entry Visas
If you’re just visiting, be sure to not pack anything questionable. Border officials can keep you out if they feel you are a security risk or if it looks like you plan on staying longer than you said. Border officials have the power to keep you from entering the U.S., so make sure you follow all laws and don’t make them suspicious.

Filing
When filing for a green card, ask more than one person to file your application. That way if there are problems, you have a fall back. You could get two family members to help you file instead of just one.

Late Problems
You never want to be late when it comes to meetings with the USCIS, because it could delay your paperwork for months. You also risk being deported for not having the proper paperwork.

Stay Within Laws
Once you’re in the U.S., the game is not over. You need to be sure not to do anything suspicious or illegal. If you lie on your application, if you engage in illegal activities, and you’re caught, you risk all the time and effort you put into trying to live here.

Maintain All Paperwork
The USCIS makes as many mistakes as any government organization. Because of that, they may lose any paperwork or updates you have. That means you should always make copies and keep all your records.

Research
If you’re unsure of what to do when it comes to green cards and visas, you can also do some research. If you’re unaware of certain U.S laws, the web is a great place to learn more. You can find records and all laws for the government online. Actual government sites like USCIS.gov are best, but articles and blogs can help you understand complicated wording.

Ask for Help
The best thing you an do when it comes to making sure you make no mistakes is hire an experienced immigration attorney. This can save you a lot of time and headaches. An attorney can help with every tip in this post and more.

June 7, 2010

What is the Naturalization Test?

You may want to immigrate to the land of opportunities and dreams, but you’re unsure of the requirements. It depends on what you want. If you simply want to see if you like it, you can get a visa. If you want to legally live here for an extended time to take advantage of opportunities and eventually citizenship, you need a green card. If you have a green card and want to be a U.S. Citizen, or if you want to both marry a citizen and earn your own citizenship, that’s called naturalization.

In fact, naturalization is a simple process. With the guidance of an experienced U.S immigration lawyer, you can successfully apply. While it’s not difficult if you’ve been living here for some time and have a green card – over 1 million people were naturalized in 2009 – there are some things to know.

You need to take a naturalization test. What, you may be asking, is that? What if you fail the test? What if your family member is going to take the test? And are there times when you don’t have to take it?

One requirement for U.S. Citizenship is to take some short tests in order to prove you understand the English language and its history. You first fill out a Form N-400, which is an application for naturalization, and get your fingerprints taken at a USCIS facility. You will then scheduled for an interview. At this interview, you will take an English and civics test; by civics, we mean American history.

The Tests
This test given by the USCIS officer is not very difficult, but can pose problems if you lack an American education. If you were born in another country, are fairly new to the English language, and don’t completely grasp U.S. History, you may want to do your homework for some time before taking this test to avoid failing. You an take it more than once, and there are many online resources which can help with the questions.

The test will rate your ability to read, write, and speak English, along with finding out your knowledge of civics (U.S. History).  You must be able to read out loud one sentence out of three in English, you must be able to write one out of three English sentences, and you’re required to take an actual test involving 10 questions on civics where you need to get six of them correct.

If You Fail

If you fail, you will have to take the test again. This is not the last chance for U.S. Citizenship. You can take it again.

Can you get help?
Research is your friend, and so is time. You should study the English language and practice it as much as possible. You should try and understand how the U.S. Government works. You can do these both with ease just about anywhere in the world, especially if you have internet access.

When You Pass

You will be one of many naturalized U.S. Citizens. You will be able to vote, pay taxes and therefore be eligible for Social Security benefits, and have the opportunity to sponsor other family members and loved ones for naturalization.

June 4, 2010

What are the Benefits of Naturalization

How do you become a U.S. citizen? Typically,  you get a green card (also known as permanent residency status), and apply. However, there are eligibility requirements. If you’ve been a lawful permanent resident for 5 years, not spending any extended times out of the U.S., that’s the first requirement. You may also be sponsored if you’re going to marry a U.S. citizen. If you’re unsure of where you stand, you may want to hire an experienced immigration attorney; he or she can make it clear on if you’re eligible, how to file, and give tips along the way.

Becoming a U.S. citizen means you’ve been naturalized. You may be wondering what the difference is between a permanent resident and a U.S. citizen. Actually, that coincides with the benefits of naturalization. Let’s go over them.

You Can Vote
Voting  may seem minor, and if it is maybe you never considered voting a big deal. Well, in the U.S., it’s what makes us different than many countries. Being able to vote means you have a say in how the government operates. Being able to vote means you can question those elected. And that senators, representatives, governors, and the president are in fact chosen by you, and those around you. It’s a blessing, and one big benefit of living here.

You Have More Rights
You typically have more rights living in the U.S. than most other countries. You can sue, even the government in some cases, and you can of course vote. You can also appeal for help in case you run into trouble. You can do this as a permanent resident too; it’s a benefit for both.

You Can Sponsor Family and Loved Ones
If you have family or a spouse who are not in the U.S. or are staying here with a green card, you can sponsor them for naturalization so they can have all the rights you have. If you’re about to get married to someone who is not a U.S. citizen, legally they can be made citizens as well.

You Get to Live  Here Permanently
Once you are naturalized, you need not worry about reapplying for a green card or having trouble reentering the U.S. ever again. You are now a U.S. citizen, need not ever reapply, and can travel as much as you want.

Jobs
Let’s face it — the jobs in many countries barely pay above the poverty line. It would be wrong to say you will always find better jobs in the  U.S., but there are rules in place for proper compensation, you can get work benefits, you can study for lucrative careers, and you have more options for jobs than  most other countries do.

Taxes and Benefits
It may sound odd that paying taxes is a benefit, but it is. By paying taxes, you pay on social security. By paying on social security, you are then offered the same benefits all naturalized citizens get. When you reach retirement age, you can get benefits. If you’re ever unable to work because of a disability, you also have a legal right to help.

As you can see, the benefits of naturalization are many. There are more. Contact a professional immigration attorney to find out about them.

May 26, 2010

Problem – You Hired the Wrong Immigration Lawyer

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.

May 24, 2010

What Does an Immigration Lawyer Do?

Immigration lawyers, especially the best, earn their pay by giving you results. That’s the whole point: getting your green card or U.S. citizenship. How much is that worth?

Figure that with a green card you are not only allowed to live in the U.S.,but also study and work. Consider that citizens of the  U.S. are eligible for work benefits, can vote, and can serve in  the  armed forces. Some of these may sound small, but they are in fact priceless opportunities.

If you can live and work in the U.S., you have more options  than  the majority of the world. You are eligible for the best jobs in the world, you have the most rights, and you can be vocal in your opinions by voting. Some of these things can be argued, but simply put, successful immigration to the U.S. gives you opportunities.

So let’s get back to the question of the title, what does an immigration lawyer do?

Assist Clients in Crisis
If you are in a crisis situation where you feel you might be deported because of breaking laws, or you fear for your rights in some other way, an experienced immigration lawyer is your best option. He or she can protect your rights, help you navigate laws, and fight for your right to fair treatment.

Refuge and Asylum Applications
Another service immigration lawyers do is help clients apply for refugee and asylum applications. If you want to apply for asylum you often need to work with a human rights organization. An immigration lawyer can help with this. Also, if you escaped  a country and are now in the U.S., you still have the option to apply for asylum status.

Assistance for Businesses
If you’re interested in working with a U.S. company but are a resident of another country. In this case,the business will often pay for the immigration lawyer, sometimes hiring a specialist for all their out-of-country hires.

Green Cards
If you want a green card, an immigration lawyer is invaluable. Over 1 million new immigrants were made permanent residents in 2009. However, many are rejected every year too. If you”re unsure of eligibility, you may want to hire an experienced immigration lawyer to help. If you have been rejected, you can try again. There are many ways to get a green card, but if you aren’t eligible, it won’t matter.

Citizenship
The dream of many is to do more than live and work in the U.S.,but to also live here permanently. It’s easy to see why: state of life, jobs, rights,and education are some of the best in the free world. In 2009, over 1 million immigrants were also naturalized, becoming U.S. citizens. However, it’s very hard to do so without an experienced lawyer, especially if you are not a permanent resident (most immigrants are first permanent residents and then naturalized).

Questions
One of the most important jobs of an immigration lawyer is to answer any and all questions pertaining to this process. How long will it take to get your green card? What if you fail to renew your green card?  What are your chances of earning U.S. citizenship? An experienced immigration lawyer saves you time and money by answering these questions.

Laws
An immigration lawyer also helps you know, understand, and follow the laws of the United States. This is very important. For example, if you’re a permanent resident but are charged with a felony, you may be deported. If you are living illegally in the U.S., you  need to immediately make some decisions. An experienced immigration lawyer can help with these problems and more.

How to Hire One
How do you hire an immigration lawyer? It’s the same when you look to find a job: you query several. You look for experience. You look for someone who spends a lot of time helping immigrants just like you.

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 19, 2010

What If You Hired the Wrong Immigration Lawyer?

Search online, in phone books, and via references for immigration lawyers and you’ll be staggered by the shear number of them. That means for every immigrant, there is an available lawyer. There is nothing wrong with this at first, until you find out your lawyer is handling far more cases than just you, or has just started his or her business, has little relevant experience, and pretty much just wants your money.

First it should be said not all immigration lawyers nor lawyers will do this. There are as many good lawyers as bad ones. How do you tell the difference? And what happens if your lawyer’s failure to follow laws hurts your own immigration status?

The Big or Small Firm
One big complaint heard in immigration law is that 1) the company who handled you treated you like a number and 2) the local small firm would have charged less. In fact, some of the bigger firms can have lower prices. Still, individual lawyers or small firms can sometimes give you the personal touch a big firm cannot.

So how do you choose between a large firm, a small one, or an individual lawyer?

The Price or the Overprice
You can choose via price. Again, being a major company or a small firm makes little difference inside the court room. It can vary in price both ways. You can narrow down your list immediately by inquiring on price.

Saving Time Searching for Immigration Lawyers
You can also save time by  inquiring on experience, availability, who will be handling your case, and how fast this process can be. If you hire the wrong lawyer, it can cost you thousands. So if it sounds too good to be true, if the deal is almost too good, be careful.

Are Referrals Good?
Referrals rarely working out in the field of law, especially immigration law. You should do your own ground work in querying immigration lawyers. If some happen to be referred, that’s fine, but referrals can waste you time and money.

It Gets Bad
What happens if you follow all these points–or don’t–and still get an inexperienced and unprofessional lawyer? While it may seem bad, firing a lawyer is part of the profession. He or she is only there to help; you are paying good money to get this done correctly, and you want an experienced and professional lawyer. You also want success.

Success with the Second Try
The good news is there are some very experienced, knowledgeable, and effective immigration lawyers.  In order to save money, never hire too early. Hiring the first lawyer you consult with rarely works. Hiring based on referrals all too often is a bad move. Choosing between big and small law firms should be made based on price and who exactly will be handling your case. Once you understand that, then you, your friend’s, or your family member’s immigration process will be easier.

May 17, 2010

What is Immigration Reform?

What is immigration reform and why is such a BUZZ word online?

Well, if that got your attention, let’s go beyond buzz and call it a full fledged debate. Instead of giving you a history lesson on immigration reform, let’s just get right to the point. What is immigration reform? How does it effect you? And how will they effect immigrants?

The Basics

“Immigration Reform” is a new campaign getting a lot of press. Type the word into Google, you’ve got a variety of opinions from the right and left (let’s include the middle too). There are some  defining immigration reform plan currently proposed by senators and President Obama. The problem is the so many different opinions floating on the web. There is bias all over the place.

So what is exactly do these new laws mean? The main problem addressed are the millions of undocumented workers across the U.S. (estimates say as many as 20 million). These are the driving forces; some are calling for them to be forced to leave, others calling for them to be allowed to stay. Immigration reform is the divide the sides are fighting on.

President Obama called 2010 the year for immigration reform. Some are concerned not enough action is occurring. Still more highlight how the reforms are changing to pander to the right in order to successfully pass.

The main goals involve border security, work site enforcements, guest worker programs, improving the current immigration system, and adapting the naturalization process.  Obama has clearly stated he is not for forcing millions of undocumented workers to leave the country, but he’s also making a point that immigrants undocumented are going to have to work within the laws. This includes learning English and paying a fine for staying in the U.S. illegally. But again, not to force them out.

This is good news for immigrants, because in most cases if you’re here undocumented, you can stay. And for  currently legal immigrants, only changes to becoming citizens will have an effect.

Border Security
The main goals of border security may be a means to play both sides, but it’s a problem with few options other than to tighten the security. This mans increasing the number of border patrol agents, adding hundreds of miles of fencing and vehicle barriers, ending the “Catch and Release” policy, and a list of other changes. To put it simply, the goal is to stop illegal immigrants from entering via the Mexico border.
Worksite Enforcement

All workers must hold legal status in the U.S. That means punishing companies who allow illegal immigrants to work there, and more.

Guest Worker Programs

This will reform seasonal worker programs to be more efficient in keeping undocumented immigrants from entering and staying.

Immigration System
Since the U.S. is still under threat from potential terrorists, the FBI will be working to reform the immigration system to better protect the borders. If illegal immigrants have easy access to entering the country, even if they intend no harm, it might open the door for enemies of the U.S. to do the same.

Naturalization
Lastly, the naturalization process will be reformed. This may come with some fighting, especially from senators in high immigrant states. The tests are designed to improve understanding of U.S. democracy, laws, and values. If you lack knowledge on becoming a U.S. citizen, you may want to read this POST.

This is by far not the whole story, but it’s a good start.

May 16, 2010

How to Understand Immigration Law – And Where to Find the Laws

Immigration to any country is complex, but even more so in the United States. There are many laws designed to not only protect the country but to keep it economically strong. Because of that, immigration laws can be strict.

Where do you find these laws?

Reading a blog like this is a very good idea. Also, researching online in general can save you time. However, federal laws can and do change. While this blog researches topics, other blogs may use older sources in what they publish.

Since U.S. Immigration laws are the same wherever you are — if you’re living in Kenya or if you’ve just arrived in New York — you should have no problem finding and evaluating the laws.

For the U.S. Immigration laws, you can go to Title 8 of U.S. Code, or to the INA (Immigration and Nationality Act). You can find the Title 8 of the U.S. Code here: http://codes.lp.findlaw.com/uscode/8

There are many references on the web to these laws. Just bear in mind, you should be looking at either 1) professional law sites and/or 2) government sites which post the laws.

But how do you understand these laws?

Reading these laws can be very hard. The old story is, you hire someone who knows more than you — in this case, an immigration lawyer. But U.S. immigration laws are perhaps the most complex of any law in the country. Some lawyers have trouble answering direct questions, even after looking at the law. That said, if you hire a lawyer who has 10 years experience and you have none, it can be very beneficial.

What if you have questions?
If you have questions, the web is a good place to look. If your questions cannot be answered in a simple search, you may reference law blogs like this one, read documentation, and ask lawyers.

Should you buy books?
If you have troubles reading and understanding the English language, buying a book may or may not help. However, many top sites offer information pamphlets for small prices to practically nothing. These can help you.

What can a lawyer do?
If you truly want to understand U.S. immigration laws, all these steps are good. However, they are only a supplement to hiring a professional immigration lawyer. If you have trouble reading English, if the laws are confusing, if you want to avoid mistakes, hiring counsel is very advantageous.

An immigration lawyer costs a lot of money, right? Just think about all the benefits of getting a green card (being able to live, study, and work in the U.S.) and citizenship (the right to live permanently in the U.S., work the best jobs, serve in the army, and vote).

« Newer PostsOlder Posts »