Immigration

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 is expelling a person or group of people from a country or place. Reasons for deportation include when someone has unlawfully gained admission to the United States through marriage (marriage fraud); has a conviction of certain criminal offenses; has falsified documents to enter the United States; participated in an activity that puts public safety or national security at risk; has committed unlawful voting practices; or is 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) stating why the person must be removed or deported. It is served to the individual and then filed with the immigration court. After the hearing is scheduled, a judge will determine whether the NTA information is correct. If it is, the person will be ordered removed.

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 sons and daughters (21 and over) 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 relative such as a child, mother, father, sister or brother. Once approved, it does NOT mean an immigrant visa is yet available for the family member to use.

Since 2008, the Georgia legislature increased penalties for people driving without a valid license, or with a suspended or revoked driver’s license. The offender must serve 48 hours in jail and pay at least a $500 fine. Illegal immigrants stopped for routine traffic violations are now arrested for having no valid driver’s license, and 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.

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.

Any immigrant wanting to work in the United States must obtain 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, permits are only necessary for those in the United States on a temporary basis who hold temporary visas. An immigration lawyer can help you get a work permit if you need one.

There are two types of work visas: H1B and H2B. An H1B is granted to those who want to work in the United States for a determined amount of time and who have skills valued by U.S. employers; this requires an employer sponsor. An H2B work permit is granted to those who work seasonal or short-term jobs, and is also employer-sponsored.

A Permanent Resident Card (green card); two color photographs of yourself showing a three-fourths frontal view of your face; documents showing any name changes and explanations (for example, if you reverted to your maiden name after divorce, 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, or Form FS-240 (“Report of Birth Abroad of a Citizen of the United States of America”).

You may also need: a marriage certificate for your current marriage; proof of termination of all previous marriages (divorce decrees, death certificates); tax records and copies of returns for the past three to five years; proof of compliance with any child or spousal support orders; court dispositions and sentencing records for any arrests; and Form G-28 (“Notice of Entry of Appearance as Attorney or Representative”). Because the requirements are detailed and fact-specific, it is best to review your individual situation with an attorney.

Upon receipt of a green card, you are a United States tax resident and must report your entire worldwide income to the government, even if you have been outside the United States for a whole year. 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 can hurt your ability to qualify for citizenship, and you could be found guilty of a crime, have your green card revoked, or be deported. To understand how to follow U.S. tax laws, consult a tax attorney or visit the IRS website at www.irs.gov.

DO follow the instructions on your USCIS forms exactly, attach all required documents with appropriate translations, follow the photograph instructions, and contact your local USCIS office (or visit uscis.gov) if you have questions. DO request an interpreter if you have trouble understanding English. DO hire an immigration attorney if you have previously been denied entry, deported, convicted of a crime, made misrepresentations to USCIS, overstayed a visa, or are currently in the country illegally, and tell your attorney about any of these.

DON’T commit any crimes, engage in politically subversive activities, or smuggle other foreign nationals into the United States. DON’T charge others for legal advice. DON’T create the impression that you are not living in the United States once you have obtained your green card, if you leave for too long, you may lose it. DON’T lie on any USCIS form or to USCIS officers, and don’t leave parts of your forms blank; if information does not apply, insert “N/A” or “none.”