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

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.

October 1, 2010

Becoming a U.S. Citizen: The Basics

America. The Land of Opportunity. A country built by immigrants.

According the United States Census Bureau, since 2006, this country has welcomed more settlers than all the other countries of the world — combined.

On October 3, 1965, President Lyndon B. Johnson stood at the base of the Statue of Liberty and signed the Immigration Act of 1965, “correct[ing] a cruel and enduring wrong in the conduct of the American nation.” With a stroke of his pen, American policy was changed. Quotas limiting the number of immigrants per country and region of the world were lifted, allowing the law to better heed Lady Liberty’s call to “give me your tired, your poor, your huddled masses yearning to breathe free.”

Between 1970 and 2007, Census Bureau figures show, the number of first generation immigrants in the U.S. increased four times, rising from 9.6 million to 38 million. The year 2008 welcomed nearly 1.1 million new naturalized U.S. citizens. Most of them came from Mexico, India and the Philippines.

As of October 1, 2010, the population of the United States was 310,383,695.

So, how does one join the ranks of the millions of people from around the world that legally settle in the United States each year? Basically, the answer is three-fold: through citizenship, through permanent resident status (“Green Card”) and for humanitarian reasons (refugees and people seeking asylum). One can only become a U.S. citizen by birth or through naturalization.

Naturalization is a process for people born outside the United States. It requires paperwork, money, an oath of allegiance, and a crash course in U.S. history and government.  All the requirements and procedures are outlined in the U.S. Citizenship and Immigration Services (USCIS) document M-476, “A Guide to Naturalization,” which can be found on the agency’s web site, www.uscis.gov or by calling 1-800-375-5283.

The journey begins with completion of the Form N-400, “Application for Naturalization.”

Photographs and fingerprints are taken to complete the application, and an interview with a USCIS agent is scheduled. There is a fee of $595 for the application and an $80 “biometric services fee” for fingerprints, totaling $675, payable by check or money order to the Department of Homeland Security.

When a person is naturalized, they accept all the responsibilities of citizenship. They pledge allegiance to the United States, agree to support the Constitution and to uphold its laws. The pledge, or “Oath of Allegiance,” promises you:

•  Give up all prior allegiance to any other nation

•  Swear allegiance to the United States

•  Support and defend the Constitution and laws of the United States

•  Serve the country when required

The other main requirements to become naturalized are the ability to speak, read and write in basic English, and demonstrate a knowledge of the fundamentals of American history and how the government works. Newly naturalized citizens register to vote and are encouraged to become actively involved in their new community.

We’ll examine the naturalization process in greater detail in upcoming posts.

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.

June 21, 2010

What You Need to Know About Family Based Immigration

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.

May 28, 2010

6 Tips on Hiring an Immigration Attorney for a Green Card

It’s quite important for earning permanent resident status to hire an immigration attorney who can walk you through eligibility requirements, applications, and filing. It’s not free, but it’s more than worth the price in most cases. However, not all attorneys are good fits for your case. Let’s find out who you should hire to get your green card.

1-Specialties
The first tip is that your attorney has to specialize in what you need. Just having done a few cases before is not good enough. You need an attorney with years experience in immigration. Hiring someone just because they’re friend or family often does not work out. You need someone who’s effective in handling eligibility requirement, applications, and handling complex cases.

2-How Many Cases?
How many cases is your attorney helping with now and how many in the past? This is one of the biggest points to consider. This shows you they have experience or don’t.

3-How Much Time?

Also, you want to make sure even the best immigration attorneys actually have the time to spend with you. Ask them specifically if they’ll be handling the case, how much time they can spend on it, and what help they can provide in case of any problems.

4-What Help?
Beyond a good immigration lawyer is often some other experienced attorneys and law professionals. This is not  to say that a sole lawyer is bad, but often if they have several helpers in the firm, no matter its size, mistakes are easier to catch. For green cards, the eligibility requirements greatly effect your chances. Also, filing applications incorrectly even if you’re being sponsored can delay the process. Sometimes one lawyer simply won’t have time to double check everything. With more eyes on your case, you need not worry about mistakes.

5-Citizenship Too

You also want to be able to move beyond just getting a green card. Earning permanent residency status has many advantages, one being the opportunity to apply for citizenship in the future. The good news is, with an experienced attorney on hand, you can save time and money for successfully moving from permanent resident to citizen. The process can be complex and has many eligibility requirements, but many permanent residents become U.S. citizens every year.

6-Save Time and Money
Finally, if you want to save time and money, hire the right attorney the first time.  He or she can be a partner in helping you earn a green card, successfully apply for citizenship, and follow all laws along the way. If you are unsure of laws, you can save legal trouble by asking your attorney. If you fail to meet requirements for a green card, your attorney can specify what you need. Finally, your immigration lawyer can give you the opportunity to successfully live, study,and work in the U.S.

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 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 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.

April 14, 2010

5 Tips on Hiring an Immigration Lawyer

You can go through the immigration process all by yourself, right? In some cases, this may be true. If you are knowledgeable in law, have experience with English language, and have the time to study, you can sometimes do without an immigration lawyer.

The problem is you’ll have stacks of papers to fill out, you’ll eventually deal with legal professionals and if you make a mistake it might slow the process,  and by the end of the process you’ll have lost a lot of time you could have spent elsewhere. For students, business men and women, and those who have poor English skills, hiring an immigration lawyer is smart and worthwhile.

How much does an immigration lawyer cost? The best way to find out is to contact several professional immigration lawyers and ask basic rates. For the time involved and the benefits you get, it’s more than worth it.

So how do you hire an immigration lawyer? Let’s find out.

Get References From Your Immigration Lawyer
Before you start contacting immigration lawyers, you should ask family, friends, and colleagues what they suggest. If someone successfully immigrated to the U.S. and received a green card, or if they became a U.S. citizen, their immigration lawyer should be on your list. Also, if you’re proficient online–likely if you’re reading this–many top immigration lawyers have sites and blogs showcasing how they can help you.

Study American Immigration Lawyers Association to Hire a Lawyer
This association, the AILA, of professional immigration lawyers and attorneys can truly help you narrow down your list to the most experience. Some immigration lawyers are not a member of this association, but that does not always mean they’re poor lawyers. If you were recommended an immigration lawyer by a friend or found one online with a lot of success in helping immigrants, they should still be on your shortlist.

Interview Prospective Immigration Lawyers
The next step after recommendation and studying top sites and associations is to create a short list. This list helps narrow down the immigration lawyers and attorneys who you feel are good fits. You want a lawyer who can help you directly with your main goal. If you’re unsure whether you’re eligible for U.S. citizenship, or if you want a green card, you can hire one who specializes in those cases. If you or a loved one does not speak English, you might hire a lawyer with other language skills.

How Much Do They Charge?
Immigration law is a specialized industry with a lot of competition for your business. Be picky in hiring a lawyer of any kind no matter what country you are in. If you want to immigrate to the U.S., follow the above steps, and then start asking prices. Some lawyers will likely be out of your price range immediately. Just remember how valuable this process can be.

Hiring an Immigration Lawyer – The Final Step
If you have a “winner” for your immigration lawyer, be sure to check their credentials. You can check the background of any immigration lawyer at the local state bar.

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