Immigration resolutions for 2019

In my first Consulta Migratoria® column of 2019, I offer you some recommendations for the new year.

This is the column:

We close 2018 with great uncertainty about the future of undocumented immigrants in the United States, what will happen to the DACA and TPS youth, the thousands of people in the caravan from Central America seeking asylum, and the future of petitions for some family members in light of promises by some legislators to reduce the entry of extended family members of U.S. citizens and permanent residents. It is not known if there will be changes in immigration policy in the new year. But in the face of so many questions, be prepared.

Fear and desperation are very bad advisors. It is necessary to think things through and act appropriately to improve the probabilities of success in immigration proceedings.

Therefore, I have the following recommendations for 2019:

Become a U.S. citizen. It is estimated that there are more than 9 million permanent residents who are eligible to apply for U.S. citizenship. These individuals should become citizens as soon as possible in order to have more rights, get better jobs, and process immediate relative petitions more quickly. In addition, once they become citizens, they can no longer be deported from the country, unless they committed fraud to obtain U.S. citizenship.

2. Help family members emigrate to the United States. U.S. citizens and permanent residents may file family-based petitions to legally bring their family members into the country.

Citizens have more advantages: they can petition for parents, spouses, children and unmarried or married siblings. They can also bring married children along with their spouses and unmarried children under the age of 21. That means they can bring their grandchildren derivatively, through the petition of a married child, although they cannot file a direct petition for a grandchild.

Permanent residents: may only petition for spouses and unmarried children of any age. Citizens and permanent residents should file applications as soon as possible because many of these procedures take many years.

Currently, the law no allows family petitions to be filed for grandparents, grandchildren, aunts, uncles, cousins and nieces and nephews of citizens or permanent residents.

For years, proposals were introduced in the U.S. Congress to limit family-based immigration. Recently, President Trump and several lawmakers insisted that "chain immigration," which allows U.S. citizens and permanent residents to bring in family members, must be ended. Because of this, it is not known if there will be changes to immigration laws. Therefore, if it is within your power, petition for eligible family members as soon as possible.

3. Find out if they are eligible for an immigration benefit. Consult with an immigration attorney to see if there are avenues to obtain temporary or permanent legal status. It is important to make an assessment of your situation to be clear about your legal options.

4. If eligible, apply for permanent residency. If they have resident or citizen family members, employers who wish to sponsor them, or are currently housed under special programs such as the U visa and meet all the requirements, they should start the process as soon as possible to ensure their legal status in the country.

I know people who delay doing immigration paperwork due to carelessness or lack of information. Doing these procedures is an investment with incalculable benefits, since they would obtain legal status and authorization to work in the United States - something that would give them access to a better life and prosperity in the country.

5. Never lie on immigration applications. The federal government thoroughly investigates all information a foreign national submits on their application to immigrate to the country. If they determine that they lied on an immigration application, they can severely penalize the petitioners and deny the benefit they are requesting.

There are instances in which aliens obtain immigration status after committing fraud. But that does not mean they are in the clear. If after granting an immigration benefit, the federal government realizes that an immigrant committed fraud, they can revoke the immigrant's residency, citizenship and deport him or her.

6. Do not hire notaries public, immigration consultants or multiservices for immigration legal advice. Over the years, I have written many columns and advice pieces insisting that you should never turn to these people for legal advice. I have also reported on several cases of wrongdoers who falsely promise to help immigrants, when in reality they are taking advantage of their need and vulnerability to enrich themselves. Unfortunately, they scam people who have no chance of fixing their situation or they ruin and damage viable immigration cases.

Do not gamble with your legal future in the country. Seek good advice to find out if you really have legal ways to stay in the country and make procedures in the right way.

In the United States, only licensed attorneys or federally accredited representatives are authorized to provide legal advice.

7. Always verify the credentials of the attorney or government accredited representative. Make sure the legal expert you hire is licensed, experienced and has no criminal record. Ask to see their diplomas, certifications and proof that they can practice law. If they won't show them to you, it's a bad sign. If you suspect they are showing you false documentation, you can check to see if a lawyer is licensed to practice law with the state bar association in the state where he or she is licensed.

Because immigration law is federal, a lawyer can be registered in any state. Ask the attorney in which state he or she is registered as an attorney. In the case of an accredited representative, you can check with the U.S. Department of Justice.

8. Report if you are a victim of crime. If an undocumented immigrant is the victim of a crime, he or she should report it to the police, without fear of being reported to immigration authorities. Having been a victim of certain crimes may make you eligible for a U visa, which allows you to live and work legally in the country. But if you do not report the crime to the police, you will not be able to apply.

9. Avoid problems with the law. One of the requirements for obtaining U.S. residency or citizenship is that the immigrant must be of good moral character. If you are in trouble with the law - such as driving under the influence of alcohol or committing an act of domestic violence - you may be considered to be of moral turpitude. This can hurt your paperwork or cause you to be denied immigration benefits.

Permanent residents who commit certain crimes can be deported. Persons under the Temporary Protected Status (TPS) program may lose their immigration status if they are found guilty of two misdemeanors or one felony.

10. Keep your immigration records and proof that you have lived in the U.S.

In order to assess whether there are options for obtaining legal status and preparing immigration paperwork, it is necessary to know the person's history, including whether they have filed applications in the past and what immigration paperwork they have done in the past. Always ask for a copy of any documents sent to the federal government and keep them on file. If you change attorneys or the federal government loses a document, you will have copies that will be useful for future immigration proceedings.

It is important to keep receipts for rent, utilities, etc., showing that you have been living in the country. Many immigration benefits require proof of continuous stay in the U.S. for a certain amount of time and these receipts will be your proof.

11. Do your taxes. By law, everyone, regardless of their legal status, must file a tax return if they earn more than the law requires. Doing your taxes every year serves to prove your stay in the United States and demonstrate that you are of good moral character. Undocumented immigrants without a social security number must get an Individual Taxpayer Identification Number (ITIN) in order to file their returns. Consult a licensed and experienced accountant for advice.

If you do not file taxes, the federal government can penalize you with fines and interest on the money not paid to the Internal Revenue Service (IRS).

12. Saving to pay for immigration procedures. In addition to having to pay for good legal advice, all immigration proceedings have costs. Depending on the history, complexity of the case and the immigrant's current situation, the costs can be high. Many cases are handled in stages, so you do not need all the money at once. But be prepared.

Saving is important even if they do not currently have a path to legal status, because if there is immigration reform in the future they must be prepared to pay fines, as well as fees to complete the paperwork.

Thank you for reading my column and for all the questions you sent me during 2018. I will continue to update you in 2019, I wish you a happy and prosperous New Year!