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

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 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

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.

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

If you would like to travel abroad, you can do without requiring any special documentation for about a year. The only legal document that you will be expected to take with you on the trip is your green card. If you would like to stay abroad for an extended period of time i.e. up to two years, you will have to apply for a Re-entry permit before departing. It should be noted that you should carry this permit as well while on your travels.

As mentioned earlier, there are certain restrictions imposed on the number of visits that one can make. If, for instance, an individual makes yearly visits abroad on a successive basis, their green card may be revoked on re-entry to the United States. In such cases, the immigration department will have to evaluate whether you are really staying in the United States or just a visitor who has a green card and makes regular stops in the country.

If you are intending to apply for United States citizenship after receiving your green card, then you should avoid any trips abroad that are longer than 6 months in your five year qualifying period. If you make any trips that are longer than this within this five year period, your eligibility to qualify for United States citizenship would be negatively affected. Still, there are exceptions to this restriction. Individuals who are assigned to multinational companies abroad which has a United States branch are such exceptions.

There are certain circumstances which may extend your stay abroad. Medical conditions and other unforeseeable circumstances may extend your 1 year trip or two year trip abroad. If this happens to you, you may wonder if the United States government caters for such circumstances. The United States government does cater for such circumstances and after a thorough scrutiny by the United States consulate in the country where you visited, you may return to the United States after filling out the Returning Resident Visa application.

By U.S. Immigration Services

First, you may choose to use the country of birth of your spouse or your parent as a claim for the green card application. In the same breadth, it should be noted that anyone may apply. Your gender, age or occupational status does not matter when applying for the green card.

While the current country you are staying in does not affect your green card application, the country of your birth has a notable impact. To be eligible for the green card, you must be born in a suitably eligible country. Every year, the State Department publishes a list of the eligible countries. So, be sure to check whether your country is included in the list before filing your application form. There are special circumstances where you can apply for the green card even though your country of birth is not an eligible country. For instance, if your spouse was born in an eligible country, you may use the Diversity Visa form to claim your spouse’s country of birth.

One of the overlooked requirements for green card eligibility is having a high school diploma. This is defined as a certificate or proof that you have successfully completed at least twelve years of both elementary and secondary education. The other alternative to meet this requirement is having about two years of work experience in a profession that requires at least two years of training. The work experience needs to have been done in the past five years prior to applying for the green card.

Worth noting is that green card lottery rules change from year to year. For instance, the rule whereby any country which has had 50000 immigrants in the past five years entering the United States through the Diversity Visa application makes that country ineligible for the lottery was not there a couple of years ago. As such, it is crucial to keep yourself updated as to the rules and eligibility requirements for the green card lottery program.

By U.S. Immigration Services

There are two main options available to persons who have lost their green cards. The options are based on whether the green card was lost while in the United States or while traveling abroad. If you lost your green card while in The United States, the process for replacement is relatively easy. This involves filling out the form I-90, typically named “Application for Green Card Replacement.” You should note that you should keep copies of everything that you submit, just in case, there were any errors that were encountered when processing the form. Also be sure to send the form as well as all enclosed documents to the right place which will depend on your exact location. To ensure that your documents are sent safely, ensure that all correspondence between you and the United States Citizenship and Immigration Service is carried out via certified mail. You should also request a return receipt.

If you happen to lose your green card while outside the United States, then you will have to file for a waiver of the document. You could also apply for a transportation letter that will permit your entry into the United States. The documents that you may require for this purpose include a valid passport, a police report, as well as proof that you have been living outside of the United States for more than a year. An example of such proof may include an entry stamp on your passport or an airline ticket.

Filing of the I-90 form is mandatory for both cases. A charge of about 130 dollars is normally added to the application fee. You should always be sure to double check the fee as well as your preferred method of payment a few days before you plan to leave especially if you want to enter the United States.

By U.S. Immigration Services

There are a number of ways through which a U.S citizen acquires foreign citizenship. Some of the ways through which this is possible is through marriage or naturalization. Through both methods, the U.S citizen will not lose the citizenship of their country of birth. According to U.S law, there is no risk of an individual losing their dual citizenship on account of receiving another citizenship. Moreover, the law does not require an individual to choose which citizenship they would like to retain. On the other hand, an individual may lose their citizenship if they choose to apply for foreign citizenship. Based on the law, if the application for foreign citizenship is voluntary with the individual having the intention of giving up their citizenship, they may lose their citizenship.

Some countries accept their citizens to have dual citizenship status while others do not. Some have criminal penalties attached to citizens who choose to exercise dual citizenship, for example Saudi Arabia. Some of the countries who do not allow citizens to have dual citizenship include India, China, Japan, Malaysia as well as Kazakhstan. Some of the countries which permit dual citizenship include Switzerland, Australia, Britain as well as Canada.

Another important aspect of U.S. citizenship is how an individual can apply for citizenship based on their green card status. If you have a green card and wish to apply for U.S Citizenship, then you have to ensure that you meet the eligibility criteria. This includes living in the United States as a lawful permanent resident for not less than five years as well as being physically present in the country for the better half of the five years. Yu also need to be at least eighteen years of age.

The application process would involve filling in the citizenship application form represented by the USCIS Form N-400, as well as sending the required photos with a copy of your green card and the appropriate fee.

The USCIS will do a lot of research to ensure the marriage is legitimate and not a business marriage. It helps if the couple has property in both their names, have a child together and if the wedding reception has pictures of both set of relatives present.

Usually, a U.S. citizen who is engaged to a foreign fiance(e) who lives in another country has to petition for a K-1 fiance(e) visa in order to bring his or her fiance(e) to the United States. However, a few requirements must be met by both the U.S. citizen and their fiance(e):

- They must show intent to get married within ninety days of the foreign fiance(e) arriving in the U.S.

- Neither party should already be married to any other person

- Both the U.S. citizen and foreign fiance(e) should have met each other at least two years prior to the filing of the fiance(e) visa petition

- Once the fiance(e) visa petition has been filed and approved by the USCIS the approval will be sent to the National Visa Center. The package will then be sent to the foreign fiance(e) consulate in their country of residence.

- The foreign fiance(e) will then need to file fiance(e) visa forms

- The fiance(e) will need to undergo medical exam

- The U.S. citizen must show proof of financial ability to support their foreign fiance(e)

- If the application for fiance(e) visa is approved the foreign fiance(e) will be admitted to the US, however they must get married within 90 days. If they do not get married within the 90 days the fiance(e) must leave the US or they will be in violation of the immigration law.

After getting married the foreign spouse will be able to apply for permanent residency by filing Adjustment of Status application.

Before starting the process you should become familiar with the eligibility requirements to receive a green card through marriage .