Tag Archives: Green Card

Crimes That Can Get You Deported – Even With a Green Card

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Even if you are a legal immigrant to the United States, there are certain crimes you can commit that will get you deported before your visa is up. Some of them, like murder or drug trafficking, are obvious. But there are some crimes that can get you deported that you might find surprising. Take a look at these criminal convictions that can end in deportation, and contact an experienced immigration lawyer right away if you fear you may be convicted of one of them.

Crimes of Moral Turpitude

Theft

If you are caught stealing anything, whether it’s money, merchandise, or personal property, you could be facing deportation. You may be excused and allowed to stay in the US if you are only convicted of petty theft, and if you only serve six months or less in jail.

Assault

Like theft, not all assault charges will end in deportation. However, also like theft, if you are sentenced to serve more than six months or the maximum penalty allowed for your assault charge is more than one year, your chances of being allowed to stay are slim. Assault an officer of the law, and there is almost no chance that you will be able to stay.

DUI

Driving under the influence of alcohol or another drug may or may not result in deportation. It largely depends on the circumstances surrounding your DUI – if you were involved in an accident while intoxicated, for example, you are in much greater danger of having to leave the US than if you were caught at a police checkpoint.

All crimes of moral turpitude, including theft, assault, and DUIs, among others, are only deportable if they either happened within your first five years in the US, or you have committed two or more crimes independent of one another. An immigration attorney can help you improve your chances of being allowed to stay in the US if you can prove that your crime was not one of moral turpitude or aggravated felony, or if you would either be in danger when you returned to your home country or that you would be leaving a parent, child, or spouse in danger if you had to leave.

Crimes of Aggravated Felony

Fraud and Tax Evasion

Yes, you can be deported for failing to pay your taxes. If you owe the IRS more than $10,000 or were involved in fraud that involved $10,000 or more, you will almost certainly lose your immigrant status in the US and be sent back to your home country.

Domestic Violence

Child or spousal abuse is almost always considered an aggravated felony, and child neglect can also be an aggravated felony depending on the circumstance.

Other Aggravated Felonies

Other felonies that will almost certainly get you deported include such things as rape, child pornography, murder, treason, and even perjury, or lying under oath. Unlike crimes of moral turpitude, there is no time limit on the United States’ ability to send you back home, and there is very little you can do to have your deportation excused. Your best bet, if you are in danger of being convicted of an aggravated felony, is to hire an experienced immigration attorney as well as a defense lawyer who can help reduce the charge to a misdemeanor in immigration court.

Immigration Tips: Best Types of Jobs to Get an Employment-Based Green Card

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If you have been involved in the process, you know that getting permanent resident status in the U.S. is not at all an easy or straightforward process. However, there are certain types of employment which may open the door for immigrants. As any well-informed immigration attorney will tell you, the employment-based immigration process is an ideal route to obtaining permanent residence. Not only can the employment-based process take significantly less time than family-based immigration, employers willing to sponsor foreign nationals often have access to financial, legal, and other resources that can smooth the way toward a successful immigration application.

So, certain types of jobs will present a faster chance at being a good basis for a green card application.  Here are a few essential things to keep in mind.

  • The employment preference categories generally classify jobs by the level of education necessary to fulfill the duties of the job. For example, an entry level Computer Programmer position would likely need at minimum a bachelor’s degree in Computer Science, while a Nuclear Physicist position would likely need at least a master’s degree in Physics.
  • The first preference category is generally reserved for people who have display of extraordinary abilities, they are outstanding figures in the world of research, multinational business and managing.  Typically, this preference includes only top, award winning scientists or global artists.
  •  As not everyone is so lucky to be included in the first preference, you might have a chance to be included into second preference. This is another category where people with high university degrees and exceptional abilities are included.  Second preference visa numbers are generally quickly available, with short or no wait times. Even better, there is a wider variety of careers that meet the Second Preference requirements. If an employer is willing to sponsor you for a green card, and your proposed position normally requires at least a Master’s degree-level education or the equivalent, you can likely qualify for Second Preference.  Careers in this level typically include Accountants, Civil Engineers, Computer Engineers, Financial or Investment Managers, Business or Management Analysts, and Chemists or Chemical Engineers.
  • There is also the third preference category which will require at least a BA in a certain field. This can be a much more accessible means of gaining permanent residence through employment. Wait times are longer though, as this is more crowded a category. You may have to wait for four years or longer after an employer files a petition for you to start the process of getting you a green card. As your immigration attorney will advise you, this arrangement requires quite a bit of planning, as well as a good working relationship between you and your employer.

 

No matter what route you are taking with your visa application process, you should consult an immigration attorney, someone specialized and knowledgeable with the process.

Immigration Lawyer’s Tips on Sponsoring a Family Member for Green Card

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There are many known ways by which an individual can become a permanent resident or a Green Card holder in the United States. Some of the most frequent are through the Green Card lottery, investment in the U.S., asylum or refugee status and family membership. Many people still consider the easiest way to get your Green Card is through the sponsorship of an US citizen family member. According to the USCIS (United States Citizenship and Immigration Services), this allows a citizen to sponsor a petition for an eligible family member so they can permanently move and work in the U.S.

If you are considering this, you should really seek help from a specialized immigration lawyer. Here are a few things to consider before applying:

1)    Who does it apply to?

Immediate relatives of the U.S. citizens qualify, such as parents (provided the citizen is 21 years old or older), spouses (wife or husband) and unmarried children (who aren’t 21 years old yet).

This applies to the immediate relative category, but there are also other ways. You can be sponsored under a family preference category and this includes:

–       Children who are not married and over 21 years of age

–       Siblings (above the age of 21)

–       Married children (there is no age limit applied here)

2)    Who is given special priority?

Generally, the USCIS permits a US citizen to sponsor immediate relatives in order to promote family values and unity. So, if you are an immediate relative of an U.S. citizen, you are given special priority and you won’t have to wait to get your visa.

3)    What are the first steps to take?

A Green Card holder or U.S. citizen will have to first file a petition, by filling in form I-130. If there are more relatives that person is trying to petition for, separate forms should be filled out for each individual. This petition will require the U.S. citizen to provide undeniable proof of status; a proof of birth or naturalization. A certificate of citizenship issued by USCIS will be required. Also, as a permanent resident, you will be asked for a copy of your Green Card. Additional steps will have to be taken in order to prove the relationship with the sponsored person, such as original and photocopied proof in the form of marriage or birth certificates and so on.

There are many other things you should consider when sponsoring someone to get a Green Card visa to the United States, as your immigration attorney will inform you. As a full-rights citizen, if you would like to sponsor one of your relatives who does not currently reside in the US, you will have to apply for Consular processing. If that relative already lives in the States, there will be an Adjustment of Status to apply for, and in some cases, Consular processing will also be required.

If you would like the process to be fast and efficient, it is not enough to look for online forms and apply. In most cases, a specialized immigration lawyer with a proven track record will be able to help you assess your particular situation, help you with the required paperwork and make sure everything will go smooth.

Can I Immigrate Using a Marriage Visa? A Few Tips from an Immigration Lawyer

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Are you one half of a dual nationality couple, wondering about the best means to obtain a visa and join your partner in the United States?
Your two main options are the K1 or Fiancé Visa and the CR-1/ IR-1 Marriage Visa.

The K1 Fiancé Visa           

The K1 or Fiancé Visa is the travel document most frequently used to bring a foreign fiancé to the United States. Under this visa, the person has the legal right to remain in the United States for 90 days. Within this period the two must legally marry and the spouse must subsequently apply for an adjustment of status, which will allow him/her to remain legally in the USA.
The main advantage this type of visa offers over the Marriage Visa is a shorter processing time. The average waiting time from the day you file the application to the awarding of a visa is 6 to 7 months for a K1 visa and 8 to 9 months for a CR-1/ IR-1 visa.
The second advantage the K1 Fiancé Visa offers consists in lower fees for the initial application (even if additional fees will have to be paid when applying for an adjustment of status).

The CR-1/ IR-1 Marriage Visa 

Although taking slightly longer to process, the Marriage Visa awards the foreign spouse Permanent Residency (Green Card) upon arrival to the United States. It also has the advantage of a lower overall cost.
A distinction should be made between the CR-1 Visa, the type of visa awarded when the couple has been married for less than two years, and the IR-1 Visa, applicable for couples married longer than two years. The CR-1 Visa awards the holder Conditional Permanent Residency for two years, while the IR-1 Visa entitles the visa holder to Permanent Residency for a period of ten years.
To sum up, the US fiancé visa process is comparatively quicker than the immigrant marriage visa process. However, a foreign national entering the US on an immigrant marriage visa will have a safer status than one on the K-1 visa.
If you’re interested in getting more information about the K-1 and CR-1/ IR-1 visas, it is a good idea to consult a competent immigration lawyer. A specialized immigration lawyer can help you get a clear understanding of the process so you can make an informed decision. If you decide to enlist his help, an immigration lawyer will guide you through the process, help you with the paperwork and enhance your chances of obtaining the visa.
Whether you decide to apply for a K-1 or CR-1/ IR-1 visa, it is important to gather the proper documentation and have them translated, if need be, up front, as this will save you a lot of precious time. One thing is of the essence: Do NOT lie to the US Government. Do not apply for a tourist visa when bringing a fiancée to the US for marriage, as this is tantamount to immigration fraud.