Friday, July 8, 2011

How to avoid most common mistakes many new immigrants make.

To avoid the most common mistakes when dealing with immigration matters follow these easy steps:

  • If you hire a lawyer, hire a licensed attorney and not an unauthorized “notario” or other unqualified “immigration consultant”. You should be aware that there are many people who pretend being lawyers or attorneys. They can charge you even more than a licensed lawyer would, saying that you got a bargain doing business with them. These people are committing fraud and unauthorized practice of law. A “notario” or “immigration consultant” is not a lawyer. A “notario” can only notarize documents, but cannot give you legal advice or help to complete any immigration forms or applications. The main reason for this is that notaries are not educated and not qualified as lawyers (with exception of those notaries who are also attorneys), and therefore are not authorized to provide legal advice or legal help. Oftentimes, they can hurt your situation beyond any help. Please be aware.
  • Mail everything to USCIS by Certified Mail with Return Receipt, or by FedEx or other private carriers where you can ensure that you have the guaranteed delivery. Don’t try to save money, but make sure that your application is delivered and was accepted by USCIS.
  • All foreigners living in USA (even permanent residents) must notify the USCIS / DHS of their address changes within 10 days. It’s advisable to do that either online at https://egov.uscis.gov or by Certified Mail by mailing the form AR-11 to an appropriate address. Please make sure you keep all the receipts and confirmations of the address change online.
  • Keep a copy of everything you mail to the USCIS. If you have a lawyer, they should keep a copy of everything submitted. Many lawyers give you copies of the applications and petitions submitted, and copies of the most pertinent documents mailed to USCIS.
  • Take the time to organize your immigration papers and put them in a safe place (e.g. safe deposit box or a relative’s house) where you will be able to find them in a few years if needed. If USCIS says that you never sent them something, you will be able to prove that you did. Also, any future lawyers you might hire will want to see what was filed and done with your case in the past. Your notices from the USCIS will have code numbers on them which are very handy in checking the status of your case.
  • You are required by law to carry your green card or non-immigrant visa and I-94 card with you. Make copies of these important documents and keep them at a safe place. Memorize or write down you A number (Alien Registration Number) and your SSN (Social Security Number). Keep the copies of the “green card” in a safe place in case you lose the card, it’ll make it easier to renew it.
  • Do not carry your Social Security Card with you. It’s not required by law. Memorize the number, and keep the card in the safe place. You might need to replace the card if you marry and change your name, or become a lawful permanent resident, or US citizen in the future.
  • Keep Proof of all payments made to USCIS. Be sure to keep your money order stub, or copies of the checks or other proof of payment with your other immigration documents.
  • Write Your Name and Alien Registration Number (A#) on Everything You Send to USCIS (letters, forms, applications).
  • If you live and work in the United States, you shall pay your taxes, even if you are currently out of status or illegally in the country or don't have a social security number. You can apply for a taxpayer identification number (TIN) for yourself and your spouse and children, if they don’t have SSN, so you can file your tax returns and list them as your dependents. In the future if you find a way to apply for a green card or adjust your status the government will ask to see your tax returns.
  • Never drink and drive; don’t do or deal in drugs; don’t get arrested; don’t commit crimes. These simple rules apply to every foreign national in the USA, even those who are permanent residents (“green card holders”) because even a permanent resident can be deported and lose his or her status (green card).
  • Finally, remember, when you sponsor someone for permanent residency in the USA and sign the Affidavit of Support, form I-864, this is a legal and enforceable contract, and your obligations of support can continue even after divorce.

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