Attorneys in Court
You will need an attorney if any of these things have happened to you:
- If you have committed or been convicted of any crime.
- If your prior applications have been denied
- If you have attempted the process on your own and simply cannot figure out what to do next.
- If you have been deported or otherwise forced to leave the United States.
- If you have a communicable disease.
- If you have filed your immigration forms and have been waiting an unreasonably long time for a response
- If you divorced your first U.S. spouse before the condition was removed from your permanent residence and you are now seeking to adjust status based on a marriage to another U.S. citizen.
- If your marriage to a U.S. citizen failed before you were able to file your petition to have the condition removed on your residency, and you will have to file alone.
- If you are immigrating with your family and you have a child that could reach age twenty-one before your permanent residence status is granted.
- If you are obtaining a visa or green card based on an employment offer, but your prospective employer has not offered to handle the immigration process.
Deportation
Deportation is expelling a person or group of people from a country or place. Reasons for deportation are when someone has unlawfully gained admission to the United States through marriage (marriage fraud); has a conviction of some criminal offenses; has falsified documents to enter the United States; participated in an activity that puts public safety at risk, or national security; has committed unlawful voting practices; and for being inadmissible to the United States due to immigration laws in effect upon entry into the country.
The Bureau of Immigration and Customs Enforcement issues an NTA (Notice to Appear) saying why the alien has to be removed or deported. It is served to the alien and then filed with the immigration court. After the hearing is schedules, a judge will determine if the NTA information is correct. If the information is, the alien will be ordered to be removed.
Family Petitions
A spouse of a United States citizen will normally be entitled to an “immediately available” immigrant visa. The order of preference priority to enter the United States is first, unmarried, 21 years old and up sons and daughters of the citizen; second, spouses of lawful permanent residents; third, married sons and daughters of United States citizens; and finally, brothers and sisters of adult United States citizens.
An adult citizen of the United States or a permanent resident can make an I-130 application to the Immigration Service for a visa for a spouse or other immediate relatives like their children, a mother, father, sister or brother. Once approved, it does NOT mean there is an immigrant visa available yet for the family member to use.
No License
Since 2008, the legislature in Georgia increased penalties for people driving without a valid license, or having a suspended or revoked driver’s license. The offender must serve 48 hours in jail and pay at least a $500.00 fine. Illegal immigrants stopped for routine traffic violations are now arrested for having no valid driver’s license. There is an expected increase in the number of immigrants sent by Gwinnett County to Immigration and Customs Enforcement (ICE) for deportation. It is crucial to speak with an immigration attorney for legal assistance in such cases.
TPS (Temporary Protective Status)
Temporary visas allow foreign nationals with valuable skills and knowledge to come into the country to work, entertain, perform, and teach. By using an immigration attorney, you can make the process less complicated and have a better chance of visa approval.
Work Permits
Any immigrant wanting to work in the United States must get a work permit (United States Employment Authorization Document, or EAD). These are granted on a temporary basis. Those with green cards do not need a work permit. They are only necessary for those people in the United States on a temporary basis and who hold temporary visas. An immigration lawyer can help you get a work permit if you need one.
There are two types of visas: H1B and H2B work permits. H1B is granted to those who want to work in the United States for a determined amount of time. They have skills valued by employers in the U.S. This requires an employer sponsor. An H2B work permit is granted to those who work seasonal or short-term jobs, and this is also employer-sponsored.
Immigration FAQs
Frequently asked questions related to immigration law matters.
What documentation needs to be gathered to become a citizen?
A permanent Resident Card (a green card), two color photographs of yourself, [showing a three-fourths frontal view of your face], documents showing any name changes and explanations (ie: if you reverted to your maiden name after your divorce, you must provide a copy of your divorce decree), if you are applying for naturalization based on marriage to a U.S. citizen, you need proof of your spouse’s citizenship for the past three years, which may be in the form of:
- A birth certificate
- A passport
- A naturalization certificate
- Form FS240, “Report of Birth Abroad of a Citizen of the United States of America”
A marriage certificate for your current marriage, proof of termination of all of your and your spouse’s previous marriages (e.g., divorce decrees, death certificates); Form N-426, “Request for Certification of Military or Naval Service”; Status Information Letter from the Selective Service, [if you did not register and are a male who lived in the United States between the ages of eighteen and twenty-six; Form G-325B, “Biographic Information”; IRS Tax Form 1722, listing your past three to five years’ tax information, copies of tax returns filed for the past three to five years; copies of correspondence with the Internal Revenue Service regarding any failure to file income tax returns; a signed agreement from the Internal Revenue Service or state or local tax authority showing repayment arrangements and your compliance therewith; proof of maintenance of U.S. residence during trips abroad of six months’ or greater duration (ie: a signed lease, rent receipts, utility bills, etc.); copies of orders for child or spousal support you must pay; Evidence of compliance with spousal and child support orders (e.g., canceled checks, pay stubs showing automatic withholding, etc.); a copy of court disposition for any arrests or detentions by law enforcement officers, or statements that no charges were issued; sentencing records for each conviction and evidence of satisfactory completion of the sentence(s); court orders vacating, setting aside, expunging, or otherwise disposing of an arrest or conviction; Form N-648, “Medical Certification for Disability Exceptions,” which must be completed by a licensed physician or psychologist if you are claiming a disability exemption from the testing requirement; Form G-28, “Notice of Entry of Appearance as Attorney or Representative.”
When must Visa or Green Card Holders pay taxes?
Upon receipt of a green card, you are a United States tax resident and must tell your whole income to the government. Even if you have been outside the United States for a whole year, you must report your worldwide income. With a green card, you need to file a U.S. tax return Form 1040 each year by April 15th. Not following the tax laws will hurt your ability to qualify for citizenship to the United States. You also could be found guilty of a crime and your green card revoked. You could be deported. To know how to follow US tax laws, you should consult a tax attorney or visit the IRS website, www.irs.gov.
What are green card do's and don'ts?
DO follow the instructions on your Bureau of U.S. Citizenship and Immigration Services (USCIS) forms exactly.
DO attach all the documents called for in the forms and provide appropriate translations where necessary.
DO follow the USCIS photograph instructions. Your local USCIS office may even have an onsite photographer.
DO call your local USCIS office, or visit the office personally if you have questions. You can also access the USCIS website at http://www.uscis.gov/
DO request an interpreter if you have trouble understanding English. Many USCIS offices have interpreters on hand.
DO hire an immigration attorney if you have been previously denied entry to the United States, deported, convicted of a crime, made misrepresentations to the USCIS, overstayed a visa, or are currently in the country illegally.
DO tell your attorney about any previously denied entries to the United States, deportations, convictions, misrepresentations made to the USCIS, unauthorized employment, or overstayed visas.
DO consult an attorney if you are contemplating accepting public benefits such as welfare or participation in the Aid to Families with Dependent Children program.
DON’T commit any crimes.
DON’T engage in politically subversive activities.
DON’T smuggle other foreign nationals into the United States.
DON’T charge others for legal advise. Even though your experience of obtaining a green card may have made you an expert, it is not legal to practice law without a license.
DON’T create the impression that you are not living in the United States once you have obtained your green card. If you leave the United States for too long, you may lose your green card.
DON’T lie on any USCIS form.
DON’T lie to USCIS officers.
DON’T leave parts of your forms blank, or assume that a part of the form is unimportant. If the information really does not apply to you, insert “N/A” or “none.”
DON’T leave parts of your forms blank, or assume that a part of the form is unimportant. If the information really does not apply to you, insert “N/A” or “none.”