In my first column Migratory Consultation® of 2020, I offer you some recommendations for the new year.
1. Do not travel to the United States illegally. Recent years have seen an increase in the number of people traveling illegally to the United States seeking refuge or a better life in the country. Many of these individuals have been misinformed in their home countries about the availability of immigration benefits and opportunities in the United States.
It is of utmost importance that before embarking on a dangerous and costly journey you consult with an experienced and licensed U.S. immigration attorney or federally accredited representative to evaluate your situation. Not everyone qualifies for immigration benefits and the licensed legal professional must objectively analyze your situation to determine your legal options.
2. Do not hire foreign lawyers, notaries public, immigration consultants or multiservices for U.S. immigration legal advice.. Only U.S. licensed attorneys or federally accredited representatives are authorized to provide legal advice on U.S. immigration law. By hiring a licensed professional, decreases the possibility of being misadvised o victim of fraud.
3. Always verify the credentials of the U.S. attorney or accredited representative.. Make sure that the legal professional 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 do not want to show them to you, find another licensed legal professional to help you. If they suspect that they are showing you false documentation, they can check to see if a lawyer is licensed to practice law with the U.S. State or Territory Bar Association where you are enrolled.
Because immigration law is federal, an attorney may be registered in any state or territory of the United States. Ask the attorney in which state or territory he or she is registered as an attorney. In the case of an accredited representative, can check with the U.S. Department of Justice..
4. Make immigration formalities immediately if you are eligible. Many factors can influence and affect the ability to make immigration arrangements. Several of the immigration benefits take years to process. The sooner the process begins, the better. Keep in mind that the federal government announced in November 2019 plans to increase fees for immigration paperwork. If you act immediately, you could save money. In addition, lawmakers may make changes in the law to restrict immigration to the United States.
5. Permanent residents should become citizens as soon as possible. A U.S. citizen has more benefits than a permanent U.S. resident, including access to better jobs, petitioning for more family members, and protection from deportation. Apply for naturalization as soon as possible if you are eligible.
6. Ask your family members immediately. For years, proposals have been introduced in the U.S. Congress to limit family-based immigration. These bills have been unsuccessful, but there is no telling what may happen in the future.
U.S. citizens may request to parents, spouse, children and single 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 apply to a spouse e unmarried children of any age. Citizens and permanent residents should file applications as soon as possible because many of these procedures take many years to complete.
Citizens and permanent residents cannot file family petitions directly for grandparents, grandchildrenguys, cousins and nephews.
7. Never lie in immigration proceedings. The U.S. government carefully screens all individuals who apply for immigration benefits and severely penalizes those who lie or commit immigration fraud.
8. Avoid problems with the law. Problems with the law, including domestic violence crimes and driving under the influence of alcohol or drugs, can hurt immigration proceedings or your legal status in the country. If arrested, they should retain the services of a defense attorney. If not a U.S. citizen, the arrestee should also hire an immigration attorney to avoid negative immigration consequences if the person is found guilty.
An immigrant should never plead guilty to a crime without first consulting with an immigration attorney. In addition, immigrants with criminal records should never apply for immigration benefitsThe only way to obtain a green card, including U.S. citizenship, or to travel outside the country without first consulting with an immigration attorney.
9. Keep your immigration records and proof that you have lived in the United States.. These documents will help the immigration attorney determine what immigration benefits you can apply for in the future. For example, there are certain immigration benefits that require an immigrant to have lived a certain number of years in the United States in order to apply for permanent residence. If you do not have the necessary evidence, you may not qualify for immigration benefits.
10. Make your tax returns. Persons living legally or illegally in the United States. must file a tax return if they have had a certain amount of income during the year. You should consult with an accountant who is licensed and experienced with U.S. tax laws for advice. Failure to file your tax returns when due can result in penalties and interest and under certain circumstances, jail time.
11. Have a savings fund for your needs. You should plan for a better future by saving money to pay for your needs, including immigration paperwork. For example, there are fees to pay to the federal government and expenses related to the case.
12. Report if you are a victim of crime. Anyone who is a victim of a crime should immediately report it to the authorities so that justice can be done.
In addition, undocumented individuals who were victims of certain types of crimes may also be able to apply for U nonimmigrant status, commonly known as the U visawhich allows the immigrant to live and work legally in the United States. This immigration benefit requires that the immigrant has reported the crime to the police, cooperated with the investigation of the crime, and suffered extreme physical or mental harm, among other requirements. But if you do not report the crime to the police, you will not be able to apply.
Thank you for reading my column and for all the questions you sent me during 2019. I will continue to keep you informed in 2020. I wish you a happy New Year filled with lots of health, love and prosperity.
For more information and immigration tips, visit my website at Immigration Today.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.