U.S. Immigration Blog

Deportation is one of the crucial issues that the United States government has to deal with on a daily basis. Often in many public discussions and forums, immigration policy is grossly over-simplified. However, the grim reality of how an individual moves from the United States to their country of origin is a very complicated process.

There are a few important points to note when dealing with deportation and immigration issues. First, illegal immigrants who entered the United States illegally and remain in the United States are accorded the least amount of due process. Lawful residents who committed a crime are accorded the most amount of due process.

Secondly, the deportation process is a three-step process. The first involves issuing a warrant of arrest. These arrest warrants are different from police warrants and an ICE officer can issue such warrants once a reason has been provided that a resident is an illegal immigrant or is an alien resident who has broken immigration law. It should be noted that ICE officers and agents are also charged with enforcing such warrants.

The next step is the removal process. The removal process may happen in a number of ways. In expedited removal cases, individuals who have already been deported previously are immediately deported without any new hearings or phone calls. As such upon identification, these individuals are deported. Secondly, an individual may choose to go home voluntarily. This type of case is normally referred to as stipulation for voluntary departure. Technically, this is not deportation.

Third, individuals facing criminal charges yet are lawful residents may fight their case. This involves going before a judge, receiving a notice to appear for the hearing, contesting the charges and the presentation of facts on why the individual has violated immigration law. Such hearings may take a substantial amount of time and may also involve a number of continuances and adjournments.

Thousands of illegal immigrants are deported yearly once it is discovered that they do not have the right papers. Moreover, green card holders can be deported if they take part in criminal activities or withhold material information when registering. As such, all United States citizens, green card holders included, are expected to follow all the rules laid down by the law.

A person who is involved in crimes of a severe nature such as murder, assassination, cyber crimes, assault, etc. will face immediate deportation regardless of whether the individual is a United States citizen or just a green card holder. Moreover, other crimes of a less severe nature may also see green card holders face deportation. These include fraud, misrepresentation, polygamy, etc. It should be noted that deportation can happen at any point during an immigrant’s stay in the country.

By U.S. Immigration Services

Any person seeking to immigrate to the United States will have to know the immigration policies and regulations set by the USCIS. However, such policies and regulations are subject to change at any time and you will need to be aware of any recent changes in US immigration policy especially if it affects you. While there have been no recent changes to immigration law under the Obama administration there have been some shifts in some polices.

One policy change involved hardship waivers. Early in year 2012, there was an immigration rule change which stated that individuals seeking hardship waivers would be allowed to stay in the United States while their hardship waivers were being processed. Prior to the changing of the rule, individuals applying for such waivers had to leave the country before their applications could be processed.

A hardship waiver application is a formal request asking the U.S government to waive the ban that it places on individuals facing deportation. Usually, the ban represents a 3-10 year period during which the individual is not allowed to return to the country. As such when applying for the hardship waiver, evidence will need to be provided showing that the ban would cause extreme hardship to the individual’s U.S relatives/family members.

The new rule change would, therefore, allow such individuals to stay in the country while their application is being processed. Hardship waiver applications have been known to have processing times of 6 months or more. Moreover, the new rule also shortens the amount of time spend processing the hardship waiver applications.

Other relevant changes in US immigration include several additions to the Green card. The new green cards which were rolled out in 2010 have new state-of-the art features which are meant to improve their security. Moreover, the new features minimize tampering and facilitate faster, more accurate authentication of the green card. Some of the new features include holographic images as well as laser- engraved fingerprints which make the card quite difficult to reproduce. Moreover, the new green cards will have RFID capabilities which allow border patrol services to read cards from a distance. As such your data will easily be compared to filed data. These new cards are available once you apply for a green card or are due for renewal of your permanent resident status.

By U.S. Immigration Services

The United States Citizenship and Immigration Services (USCIS), known as the former Immigration and Naturalization Services (INS), is a branch of the Department of Homeland Security. The USCIS provides U.S. immigration services to its customers. In general, the USCIS can be defined as a government agency which administers United States immigration laws. In addition to providing U.S. immigration services, it has full control over immigration procedures in the United States.

The primary function of the United States Citizenship and Immigration Services is to provide services to American citizens and foreign born nationals who wish to immigrate to the United States. The USCIS provides necessary information to immigrants who plan to reside in the United States permanently. This includes information about current immigration laws and immigration procedures. The USCIS is authorized to grant immigration benefits to qualified individuals. The immigration benefits include permanent residence in the United States and U.S. citizenship. The main goal of the USCIS is to enforce the national security.

The United States Citizenship and Immigration Services (USCIS) has several functions:

• The primary objective of the USCIS is fostering the safety and reliability in the immigration system.

• The USCIS provides effective customer oriented immigration services and necessary information.

• The USCIS maintains the integration of immigrants in American culture and participation in American society.

• The USCIS provides assistance in accommodation and reliability of the immigration policies and programs.

The USCIS has its offices all over the United States. You can find a USCIS office which provides US immigration services in each state. However, usually you have to make an appointment in order to enter the USCIS building.

By U.S. Immigration Services

Few people ever get their green cards. Most who do only get their permanent resident status after months and probably years of paper work. If you are fortunate enough to get your green card, then here are some helpful tips that may help you retain your green card.

One of the frequently asked questions that most new permanent residents ask is whether or not as permanent residents they will receive a social security number as well as social security benefits. If you were in the United States with a non-immigrant visa, you can apply for a social security card after receiving your green card. Moreover, if you had one with certain restrictions such as “employer specific work” or “not allowed to work restrictions”, applying for a new card once you gain permanent resident status will remove any of the said restrictions. With your social security card, you can get supplemental security income as well as Medicare benefits if you are eligible for these.

Permanent residents often face a number of problems when opening new bank accounts in the United States. For a permanent resident to open a bank account, they will require to present some form of identification as proof that they are legally in the United States. If you do not have your green card, then your social security number/card will do. Most banks will also require that your present some sort of picture ID to open the bank account.

A critical aspect of permanent residency in the United States is the resident’s tax obligation. The United States recognizes that green card holders are legal residents of the country where income tax is concerned. As such, all permanent residents are required by law to file income tax returns on all their income. Unlike non-resident aliens, permanent residents need to fill the Federal Form 1040 to file their income tax returns. It should be noted that a number of permanent residents need not pay income tax on their returns especially if their income is earned outside the country. The United States government has a number of foreign tax treaties which allow for tax exclusions on foreign businesses thanks to the non-discrimination article. If you would like to check whether or not such tax exclusions apply to your case, you need to consult with your CPA who will advise you accordingly.

Immigration in many cases is the decisive third rail in American politics. The huge, decisive debate that surrounds the topic usually divides both sides of any presidential campaign and as Americans go to the polls in November, the two presidential candidates Barack Obama and Mitt Romney have spelled out their stand on the issue.

Obama, during his first term as president, has backed immigration enforcement as well as supporting expansion of visas for high skilled workers. Moreover, he has also supported the creation of legal pathways through which undocumented immigrants can gain U.S. citizenship. On the other hand Romney has stated that he would toughen immigration enforcement as well as expand visas. However, at the same time, he has also stated that he would drive undocumented immigrants out of the country with the same enforcement policies.

In general, while Romney stated that the answer was “self-deportation”, Obama believed that it makes no sense to deport highly gifted individuals. Obama also supports the Dream Act and stated that he would sign it right away were it laid on his desk. Romney stated that he would veto the Act before supporting it. Moreover, Romney opposed the version of the Dream Act which offered to provide in-state tuition to undocumented individuals. In his words, Romney stated that such a move simply doesn’t “make sense to me.”

Obama and Romney certainly have completely different stands on various immigration issues. For instance, on the Arizona immigration lawsuit issue, Romney suggests that the State should drop the lawsuit against the law which allows police offers to check an individual’s documentation papers. On the other hand, the Obama administration believes that the Supreme Court was fair in its decision to strike down the law.

Also on the border fence issue, Obama believes that the 652 miles, which is just three miles short of completion, is “basically complete.” On the other hand, Romney believes that the fence should be extended with a second fence built to reinforce it so as to make it harder for undocumented immigrants to cross-over.

Clearly, Romney’s stand on the issue will stir some emotions among the huge Latino voter community when they go the polls. His views on immigration are strict in nature and this may affect his stand with the community. While Obama’s views on the matter are more laid-back, Romney’s reveal a man without any compassion for undocumented immigrants.

By U.S. Immigration Services