Folks all across Massachusetts are in various stages of becoming a U.S. citizen. Some people are working towards becoming a permanent resident while others are in the process of having their background reviewed. Each step can be stressful and confusing, but with the proper support and resources, people all over the country end up taking the final step to citizenship with a naturalization ceremony.
]]> Recently, a group of 39 people were sworn in as U.S. citizens in front of friends and family members. The group comes from 20 countries around the world, but after taking the Oath of Allegiance, they could officially call themselves citizens of the United States and begin to enjoy the benefits of their new status.These naturalization ceremonies can be an emotional experience for people who have been working so hard toward citizenship. Some people have come from dangerous situations or poverty-stricken countries where there are few or no opportunities available to them. Others have come from areas where they have not had a voice in their government, and still others have come from thousands of miles away to be reunited with family.
Like others who have become citizens, the 39 people who recently participated in the naturalization ceremony promised to support and defend this country, but they were also urged to never forget the countries from which they came.
Source: ithaca.com, "Thirty Nine Receive U.S. Citizenship at Ithaca Ceremony," Louis DiPietro, May 6, 2013
]]>Assuming that the immigrants who come to this country all come from one country or one background is not only inaccurate, but it ignores and diminishes the stories and challenges unique to each of the millions of people who come from different countries than the United States. Folks in Massachusetts may be surprised to learn some of the facts of who is immigrating to this country.
]]> While there are about 8.6 million undocumented immigrants in the U.S. from Latin America, there are 2.5 million who are from the rest of the world. And studies have shown that the number of people coming here from Latin American areas is slowing down and immigrants from areas like Asia and Europe continue to have vested interests in coming to the United States.People all over the world live in fear of persecution in their home country. Folks face dangerous consequences in some areas for any religious, political and social differences that are generally acceptable in the United States. There are also people who simply want to be reunited with family members who have come to the U.S. or those who want a chance at a better life.
It is important for people to realize that immigrants come to the United States from every corner of the world. As it stands now, the laws are so complex and complicated that even U.S. citizens have difficulty understanding the system. For those who are new to the country or speak a different language, it can seem essentially impossible to navigate through the immigration process. The needs of immigrants are diverse, so working with an immigration attorney who understands matters involving visas, naturalization, citizenship and deportation can be crucial.
Source: ABC News, "Immigration Reform Has Never Been Just A 'Latino Issue'," Cristina Costantini, May 7, 2013
]]>Unfortunately, the intricacies of these laws have resulted in millions of people being torn apart from family members. Children born in the United States are watching as their undocumented parents are deported. Young people without proper citizenship documentation who have been raised in this country are sent back to a country about which they know nothing. But reports indicate that the topic of family immigration is a top priority addressed by immigration reform.
]]> Since the beginning of President Barack Obama's administration, nearly 2 million people have been deported from the U.S. Many of these people have lived for many years in this country and are a part of a large community and family network. Some have been deported for security reasons or because they have a criminal record, others are simply sent out of the country because of issues with visas or sponsorships.While there must be an importance placed on keeping families together, making the process of doing so more effective and straightforward continues to be a struggle.
As it stands, the process of family-based immigration can take years. It can be crucial for people in the U.S. and their foreign relatives to seek the help of an immigration attorney in order to ensure that they have the best possible chance of achieving successful results. It can be a confusing process to comprehend all the logistics of visas and sponsorships, so working with an attorney who thoroughly understands the options and limitations that are in place can be very beneficial.
Source: The Huffington Post, "Immigration Reform Is All About Families," Howard Fineman, April 24, 2013
]]>People seeking asylum in this country are generally faced with dangerous and frightening consequences back home if they are not granted asylum status in the U.S. And on average, 75 percent of applications are not granted. With legal representation, however, the success rate of asylum requests shoots up to 90 percent according to some sources. This is because immigration law attorneys have a much better understanding of the complicated immigration process in this country.
One of the most important things that people should understand is that there are two types of asylum cases in this country: defensive and affirmative.
]]> Affirmative cases involve immigrants who are legally in the United States but wish to file for asylum status. These people may be students living in the country, who will face racial or religious persecution if they are forced to return home at some point. These cases are generally less formal and often require little more than an interview with immigration officials.On the other hand, defensive asylum requests are prompted after a person is found to be in the country with falsified papers. Often times, people with a defensive case are subjected to detention centers while they wait to plead their case for asylum because they have been found to have false or stolen documentation. In these situations, a person may also have to go through a courtroom hearing and must also provide physical evidence of the dangerous conditions they face if they are sent back to their home country.
It can be very difficult to understand the intricacies of immigration law, especially for people who may not speak English as their first language. Working with an immigration attorney can make a significant difference between an approved and a denied application for asylum.
Source: NBC News, "For asylum seekers, path to citizenship is paved with peril," Petra Cahill, April 17, 2013
]]>One woman recently found herself battling for the custody of her biological daughter because of her residential status. The woman was 17 and living in the U.S. illegally when she had a baby with the 15-year-old father. The baby's father and paternal grandparents are all legal residents of the country and for a short time, the teen parents, their baby and the baby's grandparents all lived together.
]]> However, the young mother ended up leaving the home after a serious argument drove her to move out. The grandparents filed for sole custody of the baby and initially, a court granted their request. According to reports, the court ruled that the grandparents were best suited to care for the baby, citing the mother's immigration status as a deciding factor.Luckily, this decision was overturned by a state appeals court who ruled that a person's residential status does not affect his or her fitness to be a parent to a child. While the ruling was considered a huge win by the mother and advocates for the rights of immigrants, it is not clear if or how it will affect similar cases in other states. It is also unclear if the pending immigration reforms will make it easier for people like this mother to adjust her citizenship status. The complexities of citizenship and immigration can be overwhelming for people in this type of situation and they may benefit from working with an immigration attorney.
Source: Star Tribune, "Immigration status not a factor in custody battle, Minnesota court says," Abby Simons, April 8, 2013
]]>However, it is important for people in this position to remember that they are not alone. Generally speaking, people in this country and in other countries are well aware that the immigration laws in the United States are too complex and convoluted for many people to even begin to understand. A new report actually confirms this belief.
]]> The study was conducted by an economic think tank called American Action Forum. The group researched the hours, dollars and paperwork that is often required when a person files an immigration-related request with the U.S. government. According to their findings, immigrants spend a whopping $30 billion and 98.8 million hours on filing paperwork every year.Further, the report indicates that the U.S. is losing $5.9 billion in productivity from workers who are trying to figure out the complexities of immigration paperwork. An average skilled immigrant is expected to fill out an average of 16 different forms, costing each person about $2,500. And on average, it takes about 18 hours to complete all the forms that are required by any of the 234 immigration-related government agencies.
The study illustrates just how difficult it can be for one person to try and tackle all requirements of becoming a U.S. citizen. Until there is a more cost-effective and straightforward process in place, people dealing with immigration issues may want to speak with an attorney who understands immigration law instead of trying to figure it out on their own. It could end up costing them a lot of time and money.
Source: The Huffington Post, "U.S. Immigration Regulation Costs $30 Billion Annually: Study," Caroline Fairchild, April 4, 2013
]]>There are many legal complexities that may come up when a person is applying for asylum. In general, an Asylum Officer must approve the application based on a variety of factors, the most significant of which may be the reason that a person is seeking asylum here.
]]> One family was granted asylum in 2010 because they were facing religious persecution in their home country of Germany. However, the U.S. Department of Homeland Security recently overturned that ruling and the family is now facing the possibility that they could be sent back to Germany after living in the U.S. for about four years.Initially, the family applied for and was granted asylum based on the fact that German law prohibited the parents from home schooling their six children. The parents reportedly disagreed with the education they were receiving in the state-approved schools because it consisted of graphic sexual education practices and curriculum aimed at teaching children to disrespect authority figures. If they wanted to teach their children at home, the parents faced jail time, fines and the possibility of losing their children.
A judge originally granted the family political asylum, ruling that they were victims of religious persecution. However, that ruling was challenged and overturned. Now the family will have to wait and go through the appeals process.
The process of seeking asylum in the U.S. can be very intimidating for many people who may already be frightened about their citizenship status. When a person is looking for asylum in this country, it can be very helpful to work with an immigration attorney who understands the process and can guide them through each step successfully.
Source: Gwinnett Patch, "Should Family Seeking Asylum in U.S. to Home School Their Children Be Sent Home?" March 23, 2013
]]>In general, people do not understand their rights and options when it comes to immigration issues. The laws are complex and many people may think it is impossible to avoid removal from the country. However, this is not true. There may be options for a person to file for a cancellation of removal adjustment of status or protections available through various government programs. In Massachusetts, lawmakers are also working to help immigrants avoid deportation with proposed legislation specifically aimed at helping illegal immigrants who have been convicted of non-serious crimes.
]]> As it is now, local law enforcement officials are instructed to pass on information about illegal immigrants convicted of a crime to federal Immigration and Customs Enforcement authorities. Even a traffic stop can get the attention of ICE who can then potentially have that person deported.However, a bill has been proposed that would relieve local authorities from having to share certain fingerprint information and other data with federal ICE officials. Often times, the federal agency ends up deporting a person who has never even been convicted of a crime. Under the terms of the proposed bill, this exchange of information would be limited to include only those who have been charged with serious crimes or crimes that are violent in nature.
Reports indicate that the bill would also give arrested immigrants the right to have an attorney present at any interviews with ICE officials and be given consent forms in a language they understand.
It can be scary enough to be faced with an arrest and possible conviction of a crime. Adding the possibility of deportation to the mix can be devastating, especially when an alleged crime is not serious. People faced with this situation can speak with an immigration attorney if their status in this country is in jeopardy.
Source: CBS Boston, "Immigrant Advocates Push Bill To Help Reduce Deportations In Mass.," Steve LeBlanc, March 20, 2013
]]>Sources indicate that a group of key senators are working to make it more difficult for some family members to get visas through their U.S. relatives. As it is now, there are two types of family-based visas: Immediate Relative visas and Family Preference visas. The group of senators is reportedly in favor of putting an end to giving visas to some of the people included in the Family Preference category. Instead, they believe that the roughly 90,000 visas given to unmarried children over 21 and married adult children and siblings should be given to highly-skilled workers.
]]> Many people support the move as it would increase the number of visas that are available to economically valuable people who have historically had a very difficult time getting into the country. We discussed this very issue in our last blog post, and the importance of keeping highly-skilled immigrant workers in this country cannot be overestimated.But should the efforts to keep skilled-workers in the U.S. be in direct conflict with keeping families together? Many critics of the senators' plan believe that it would threaten families and limit the way in which a family is defined. As it is, millions of people have been waiting years to be reunited with family in the U.S. In some cases, it can take decades to process a visa. There are many people who believe that family should come first.
Essentially, the debate boils down to what type of immigration system is right for this country. Some believe that it should continue to be based on a migration system to preserve families, while others argue that economic-based immigration is better for the country. There have been no decisions made as of yet, and there will likely be extensive negotiations in order to come to a solution that both Republicans and Democrats can agree on.
Source: The Washington Post, "Senate group considers large reduction in family visas as part of immigration deal," David Nakamura, March 14, 2013
Skilled immigrants are not uncommon the U.S. Reports indicate that almost 50 percent of people with a PhD in the fields of technology and science in this country are foreign-born. At the Massachusetts Institute of Technology, or MIT, 40 of all the graduate students are from other countries. The colleges and universities in the U.S. are responsible for the education of many immigrants, but because of the complex and challenging immigration laws, many are forced to leave the country shortly after graduation.
]]> This convoluted system has resulted in a shortage of workers in critical fields, including science, technology, engineering and mathematics. Instead of making it easier for the people who are likely to contribute heavily to our economy, the laws end up forcing them to go to other countries that are more than willing to expedite the citizenship process to accommodate skilled workers. A number of different visas are available to this group of people in the U.S., but they are often accompanied by rigid restrictions and complex requirements.Unfortunately, the solution to this problem is tied up by political posturing. While both Democrats and Republicans agree that immigration reform and keeping skilled workers in the country are top priorities, they cannot come to an agreement on how to make that happen. Even the popular idea of creating a visa specifically for entrepreneurs and start-up business owners has detractors.
In the end, people who have been living and learning in the U.S. are faced with many difficult decisions. Can they pursue another type of visa? Should they consider moving to a country with simpler immigration laws even though they would prefer to stay here? It can be a stressful and upsetting position to be in. However, people in this type of situation can speak with an immigration lawyer who can explain their options.
Source: The Washington Post, "Other countries court skilled immigrants frustrated by U.S. visa laws," Kevin Sullivan, Feb. 18, 2013
]]>According to the latest census estimates, more than 50 percent of the immigrants in the state of Massachusetts are U.S. citizens. This is about five percent higher than the national average and an impressive milestone.
]]> The process of becoming a U.S citizen can take years to complete. In order to apply for citizenship, a person must be a legal resident for at least three years if married to a citizen or five years if not. They must be over the age of 18 and must also undergo a comprehensive background check. There are fees to be paid, applications to complete and a test on a person's ability to speak, read and write in basic English.After all is said and done, a person can take the oath of citizenship. In Massachusetts, these ceremonies fill venues as large as Fenway Park and Faneuil Hall regularly. Reports indicate that the large number of people becoming citizens in this state is due, at least in part, to people's interest in becoming engaged in their community. With the change in citizenship status comes the opportunity to run for public office, vote and enjoy other benefits.
Despite these promising statistics, there are still about 300,000 immigrants in Massachusetts who are eligible to apply for citizenship but choose not to for a variety of reasons. For those who have questions about the process or are not sure about whether they should apply for citizenship or not, an immigration attorney can be a very helpful resource. The process of becoming a U.S. citizen can be challenging and intimidating, but it is important for people to remember that they do not have to go through the steps alone.
Source: The Boston Globe, "More than half of immigrants in Mass. are citizens," Maria Sacchetti, Feb. 21, 2013
]]>A person who is seeking asylum in Boston or any city in the United States must apply for and qualify for this type of protection within one year of entering the country. For some people seeking asylum, it can be a difficult process to go through, but it may be the difference between safety and having to return to a violent environment.
]]> One woman is currently awaiting the decision of an immigration judge which will determine whether or not her request for asylum will be allowed to continue. The woman says she fled to this country to escape her extremely violent and abusive life in Honduras, at the hands of her husband. For nearly 20 years, she says she was physically and emotionally tormented by her father of her children. Now she must wait and see if she will be allowed to stay in the United States.Requests for asylum because of domestic abuse are not uncommon, but sources indicate that these cases can be a little more challenging because judges have not granted these types of requests as often as others. It may be more common for a person to be granted asylum based on political standing, religion or nationality. This is certainly not to say that it is impossible for people in the same position as this woman. In fact, reports suggest that there are increasing numbers of judges granting asylum to victims of domestic abuse.
Asylum requests in the U.S. generally require the help of an immigration attorney. While it can be a complex process, when a person's safety and wellbeing are at stake, it is crucial to have strong legal support and resources.
Source: The News Tribune, "Domestic violence a new factor for asylum," Manuel Valdes, Feb. 19, 2013
]]>With the current immigration laws that are in place, sources have reported that it can take more than two decades for an immigrant family member to become a citizen of the United States. This time apart can be devastating for families who are living in different parts of the world. It is for this reason that many people are in support of measures that would simplify the family immigration process in this country.
]]> A recent Huffington Post column highlights the many reasons why reforming the current immigration system is so important for families. Taking a look at the facts and realities of family immigration can be helpful for people to understand how the current process works and why family-based immigration is beneficial.A common misconception is that the system of sponsoring family members has contributed to a massive influx in immigrant visas. However, the article points out that immigration laws do in fact cap the number of people who can be sponsored through the family system from each country. On average, two family members for each immigrant are family-sponsored.
When families are reunited and family units are kept intact, the entire country reaps the benefits. Immigrant families are more likely to be skilled contributors to the economy because they are about 30 percent more likely to start a business than people who were born in the United States.
The fact is that keeping families together during the immigration process and supporting the efforts to reunite families is important to people all across the world. It can be a confusing and frustrating process, however, so it can be crucial for people with questions about the family immigration process to speak with an attorney.
Source: The Huffington Post, "The Case for Family-Based Immigration," Mee Moua, Feb. 6, 2013
]]>However, back in 2001, President George W. Bush extended citizenship rights to people who choose to serve in the United States armed forces. Those who joined the military could immediately file for citizenship under the terms of this naturalization program. Since then, different branches of the military have fine-tuned this process.
]]> Sources indicate that people who go through boot camp for the Army, Navy and Marines Corps can gain citizenship immediately upon completion of the program and graduation. Non-citizens who serve in the Coast Guard, Air Force and parts of the National Guard can get expedited citizenship services.Recently, 10 men completed their training to become U.S. Marines. Immediately before the graduation ceremony, the men took the citizenship oath to become citizens of the United States. The citizenship process that people have to go through occurs at the same time that a person is in military training. Paperwork is processed during this time as well, so that upon completion of boot camp, a person can legally be called a citizen of the United States before taking an oath to protect this country.
There are a number of avenues to pursue when it comes to obtaining citizen status in this country, in addition to serving in the military. People who are eligible for citizenship can work with an attorney who understands immigration law in order to determine which path is the best and makes the most sense for each individual or family.
Source: USA Today, "Marines become U.S. citizens at boot camp," Gina Harkins, Feb. 5, 2013
]]>Complex laws and ever-changing policies have created an immigration system that can be, at the very least, difficult to navigate. Beyond the politics of immigration law are the people who are immediately and closely affected by every decision involving the naturalization and citizenship process.
]]> Not only can it be confusing to determine if and when a person is eligible to apply for citizenship, but there are many other challenges with the naturalization process, which can be overwhelming and lengthy. Because of these obstacles, many people do not go through the proper channels and stay in the country as undocumented immigrants.In an effort to help these people get on track with becoming legal U.S. citizens, a push for immigration reform has been a main topic of conversation among politicians. According to recent reports, Present Barack Obama has stated that it is his belief that an overhaul of the current immigration system is on the horizon. In fact, he hopes that a deal will be in place by the end of this year, if not earlier.
The new plan would make it easier and faster for undocumented immigrants to get on the right path for citizenship. Like others going through the process, these people would be required to undergo background checks and pay penalties, and they would need to learn English. Instead of focusing on issues such as border security, the new plan is aimed at helping those immigrants who are currently in the United States.
The politics of immigration often overshadow the personal toll this process has on immigrants and their families. Because of this, many people can feel lost and confused when it comes to understanding what steps need to be taken. People who have concerns regarding the citizenship process may want to speak with an immigration lawyer who clearly understands both the law and the relationships that may be at stake.
Source: Yahoo! News, "Obama says immigration overhaul possible by first half of 2013," Jan. 31, 2013