John Gfoeller, Esq., attorney at law

 Helping People with their Immigration Needs:

For free information on the immigration process, scroll down and read "An Outline of Legal Immigration to the United States of America."

For contact information and to schedule a consultation, click here. 

 

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An Outline of Legal Immigration to the United States of America

 

author:                       John Gfoeller, Esq., attorney at law

written:                      December, 2008

last revision:                January, 2009

location:                     http://www.jgimmigration.com

contact:                     See section VI of this essay (below).

 

 

DISCLAIMERS: 

1.  This is NOT legal advice.  This is only general information. 

2.  Reading this essay does not make John Gfoeller into your attorney, and it does not make you into his client.  It is only an essay. 

3.  Hiring an attorney is an important decision.  It should not be based only upon advertisements.  Instead, you should perform your own, independent research. 

 

  

Table of Contents

 I.  Types of Legal Immigration

            A.  Temporary Visits

            B.  Immigration

                        1. Permanent Residency

                                    a. Family-Based Immigration

                                                i.  Immediate Relatives

                                                ii.  Preference Relatives

                                    b. Employment-Based Immigration

                                    c. Asylum, Refugee and Temporary Protected Status

                                    d. Diversity Visa Lottery

                        2. Military Service, Permanent Residency, and Citizenship

            C.  U.S. Citizenship

 

II.  Requirements for Immigration by Marriage to a U.S. citizen

            A.  General Requirements for Immigration by Marriage

            B.  Different Types of Marriages Visas

            C.  Fraud

            D.  Mail Order Brides

            E.  Only Getting Married in America

 

III.  General Requirements for Immigration

            A.  Health

            B.  No Crimes

            C.  No Drugs

            D.  Enough Financial Support

            E.  No Violations of U.S. Immigration Law

 

IV.  Hiring an Immigration Attorney

 

V.  Further Information

            A.  Legal Aid (to get an attorney for FREE or at low cost, if you cannot afford to hire one)

            B.  U.S. Government Agencies and Immigration Forms

            C.  Pro Se / Representing Yourself

            D.  Sources of Law 

 

VI.  My Services, Fees, and Contact Information

            A.  Services and Fees

            B.  Contact Information

 

  

I.  Types of Legal Immigration                    top of this page

 There are two basic categories of legal immigration to the United States: temporary and permanent.  Also, U.S. citizenship can result from immigration.  Hence, in this section, first I will discuss temporary visits (I.A) to America; then I will discuss permanently immigrating to the United States (I.B); and then I will conclude with a discussion of U.S. citizenship (I.C).  In this way, I hope to give an overview of legal immigration to the United States.

  

            I.A.  Temporary Visits                      top of this page

             A temporary visit to the United States is when a person makes a trip to America and intends to leave after the purpose of the trip is completed.  For example, temporary immigration includes traveling to American for tourism, medical treatment, business, study, training, work and so on. 

             There are different temporary visas for different purposes of visiting the United States.  For example, tourism, getting medical treatment, visiting possible schools to attend, taking short elective courses, and short business trips are conducted on the B visa.  Study at a college or a university is conducted on the F visa.  Training is conducted on an M visa or a J visa.  Work is conducted on the H visas (as well as others).  There are other visas for other purposes of travel, too:  the P visa is for certain kinds of performers, for example; and the R visa is for certain religious workers.  TN status is technically not a visa, but it works like a visa; and it allows certain Canadian and Mexican citizens to work in the U.S. in professional jobs.  You can learn more about the different visas for different purposes of travel at the U.S. State Department's website for Consular Affairs, at http://travel.state.gov . 

             Some people do not need a visa to travel to the United States.  Canadian citizens (but not Canadian landed immigrants) can travel to the U.S. for tourism for up to six months per year without a visa.  Also, under the NAFTA treaty, certain Canadian and Mexican workers do not need to have a visa for short business visits.  Also, citizens of countries which participate in the Visa Waiver Program do not need a visa to visit the United States.  To be eligible for the Visa Waiver Program, there are four basic requirements:  (1) the purpose of the trip must be eligible under the B visa (see above); (2) the trip must be for 90 days or less; (3) the person must sincerely intend to leave the U.S. after the purpose of the trip is over; and (4) the person must be a citizen of a country that participates in the Visa Waiver Program.  The countries change from time to time, but they have consistently included countries in Western Europe as well as Japan, Singapore, Australia, New Zealand, and Brunei.

             It can be challenging to change from one temporary visa to another while inside the U.S.  The person must remain in status.  (In other words, the person must not overstay his or her visa.)  Sometimes there are additional requirements.  For example, the J-1 visa sometimes requires a waiver of the two year home residency requirement in order to change to another visa. 

             Furthermore, some temporary visas are limited in number per year, and demand can be greater than supply.  For example the H-1B visa is for professional workers.  It is immensely popular because it can serve as a stepping stone to permanent residency (the green card) and, ultimately citizenship.  Hence, many people came to America on student visas; and then they obtained OPT (optional Practical Training) for an internship with an American employer; and then they hoped to be sponsored by those employers for the H-1B.  However, that process cannot be assumed anymore.  There are only 65,000 H-1B visas that are available per year, and there are more than 65,000 people applying for them.  That means two things.  First, the H-1Bs quickly run out.  (In 2008, they were all used on the same day that they became available.)  Second, therefore, not everyone can get an H-1B -- even if they are qualified and even if they make a good and early application.  In short, the route to the green card from student visa to intern to worker (F visa ¨¤ OPT ¨¤ H-1B ¨¤ green card) can no longer be assumed to be available to everyone who qualifies. 

             Finally, everyone who comes to the United States must have a valid passport, with at least six months of validity till it expires. 

  

 

            I.B.  Immigration                   top of this page 

             Immigration, under U.S. immigration law, is when a person comes to America with the intention to live here permanently.  When immigrating legally, it results in permanent residency (otherwise known as "the green card"), which is the main prerequisite for obtaining U.S. citizenship.  However, serving in the U.S. military during time of war can be a quicker path to citizenship for qualified people.

  

                        I.B.1. Permanent Residency                         top of this page 

                         Permanent residency is best understood as the permission, not the right, to live permanently in the U.S.  It allows a person who is not a U.S. citizen to reside in the United States, to work in the United States, and to travel to and from the United States.  Permanent residency is not citizenship.  Permanent residents cannot vote, and they cannot hold elected office, and they cannot hold certain jobs relating to national security.  Permanent residents can be deported for violating certain immigration laws or committing certain crimes.  Permanent residents can also lose their residency if they do not physically live inside the United States for at least six months per year (although there are some exceptions).  Permanent residency is the main prerequisite to obtaining U.S. citizenship.  Therefore, the first task in immigrating to America is to be eligible for permanent residency.  There are several ways to become eligible for permanent residency.  The four most common ways are Family-Based Immigration,  Employment-Based Immigration, Asylum and Refugee Status, and the Diversity Visa Lottery.

  

                                    I.B.1.a.  Family-Based Immigration                                    top of this page 

                                     There are two kinds of family-based immigration:  immediate relatives and preference relatives.

 

                                                I.B.1.a.i.  Immediate Relatives                      top of this page 

                                                 An immediate relative is the husband or the wife of a U.S. citizen, the child of a U.S. citizen, or the parent of a U.S. citizen.  The requirements for immigration by marriage are discussed later (Section II) in this essay.  To sponsor a parent to immigrate, a U.S. citizen must be at least 21 years old.  If a U.S. citizen wants to sponsor a child to immigrate, the child must be under the age of 21 and unmarried.  This kind of immigration is called "immediate" because an immigrant visa and permanent residency (the "green card") are immediately available after the paperwork is processed and approved.  Note: it can take up to a year (or more) for the paperwork to be approved.  Then, after it is approved, an immigrant visa or the green card is immediately available.

  

                                                I.B.1.a.ii.  Preference Relatives                    top of this page 

                                                 A preference relative is a person who falls within one of the following four categories.  There are a limited number of immigrant visas (and thus "green cards") that are available per year for each preference category.  However, there are usually many more people who are eligible and applying than the number of available visas.  Therefore, people usually must wait several years --after the paperwork is approved-- for a visa to become available.  The first preference is sons and daughters of U.S. citizens, who are at least 21 years old, and who are unmarried.  The third preference is sons and daughters of U.S. citizens, regardless of age, who are married.  The fourth preference is for the brothers and sisters of U.S. citizens.  Note:  The second preference is the spouses and children of lawful permanent residents (not U.S. citizens).

 

                                    I.B.1.b.  Employment-Based Immigration              top of this page 

                                     An American employer can sponsor a person to immigrate in certain circumstances.  Sometimes, an American employer can sponsor a person because the person's work is world-renowned or in the national interest.  Otherwise, an American employer can sponsor a person if the employer can prove that no qualified Americans have applied for the job in question.  This can be difficult or impossible to prove for low-skilled jobs. 

                                     As a practical matter, employers can be reluctant to sponsor someone for permanent residency.  The process can take the better part of a year, and it can cost thousands of dollars.  Moreover, there is a risk to sponsoring an employee for permanent residency:  once the employee has the green card, the person has the legal right to quit and go work for someone else.  That is because permanent residency includes the right to work for anyone, not just the sponsor. 

                                     As a practical remedy, employers usually sponsor a person for immigration only after capability, compatibility and trust have been established.  Hence, a person usually must work for an American employer on a temporary work visa before the employer will consider sponsoring the person for permanent residency (the "green card").  In the past, that was commonly accomplished by sponsoring the person first for an internship (on OPT from a student visa, see above) and then sponsoring a person for the H-1B visa.  However, as previously discussed under temporary immigration, this is no longer always possible due to the demand for H-1Bs being greater than the annual supply.  Therefore, employers must look to alternative temporary work visas (such as the L visa, for intra-company transfers, or TN status for certain Canadian and Mexican professionals, etc.), or they must consider directly sponsoring a person for permanent residency.  The latter option is not always practical if the person has a year or less left on his or her status; in such a case, the person would need to consult with an immigration attorney to discuss possible options.

  

                                    I.B.1.c.  Asylum, Refugee, and Temporary Protected Status                   top of this page 

                                     A person might be eligible to immigrate to America for refuge:  if that person has a well-founded fear of persecution based on race, religion, nationality, membership in a particular group, or political opinion.  Persecution includes loss of life or freedom, causing suffering or harm, or threats thereof.  People who face this should consult with an immigration attorney.  If people cannot afford an attorney, they should consult with their local Legal Aid Society (see Section V, below). 

 

                                    I.B.1.d.  Diversity Visa Lottery        top of this page 

                                     Every year, the U.S. government makes available up to 55,000 immigrant visas by means of a lottery.  People file the application online, for free, at the website of the Bureau of Consular Affairs of the U.S. State Department (http://travel.state.gov).  They must meet strict eligibility requirements to qualify.  Then, a computer randomly selects up to 55,000 people from all the applications worldwide.  Then, the winners of this lottery must apply for an immigrant visa -- which is not free.  If approved, they can immigrate to the United States. 

                                     Please be careful:  There are websites which pretend to be the U.S. government and which charge a fee to file the application for the lottery.  However, the real application is free. 

                                     Also, please think hard about making this decision.  If a person applies for the Diversity Visa Lottery, it can disqualify him or her from most temporary visas to the U.S.  That is because most temporary visas require non-immigrant intent:  in other words, the person must intend to leave the U.S. after the purpose of the visit is complete.  However, applying for the Diversity Visa Lottery is evidence of immigrant intent:  in other words, it shows that a person wants to move to America permanently.  Therefore, the Diversity Visa Lottery should be used as a method of last resort for immigrating to the United States.

  

                        I.B.2.  Military Service and Citizenship      top of this page 

                         Generally, people must be permanent residents first.  Then, they can serve in the U.S. military.  That is not a requirement of U.S. immigration law, but that is a requirement of the U.S. military.

                         However, the U.S. Department of Defense recently (5 December 2008) announced a new program.  It will allow non-citizens to serve in the U.S. military if they are qualified physicians, nurses, and linguists in certain languages.  For more information, contact the specific branches of the U.S. military (Army, Air Force, Navy, Marines). 

                         As for U.S. immigration law, people who serve in the U.S. military during wartime can become U.S. citizens relatively quickly.  They do not need permanent residency first.  For more information, please visit the website of the U.S. Citizenship and Immigration Service (USCIS) at http://uscis.gov and click the link about benefits to people in the military. 

  

            I.C.  U.S. Citizenship                        top of this page 

             Citizenship is the right to live in the United States.  Citizenship is full membership in American society, and it makes America into one's home.  Citizens cannot be deported.  (There is one exception: if an immigrant's case was based upon fraud.)  Also, citizens can hold public office, and they can vote.  Citizenship is the ultimate goal if a person wants to move to the United States permanently.

             A person is born a U.S. citizen if he or she was born inside the United States.  (There is an exception for children of foreign diplomats.)  Also, a person might be born a U.S. citizen --even if he or she was born outside of the United States-- if the person has a parent or a grandparent who is a U.S. citizen. 

             Otherwise, a person can become a U.S. citizen by the process of naturalization.  To be eligible for naturalization, a person must have permanent residency.  (There is an exception for service in the U.S. military during wartime; see above.)  Usually, there are several other requirements which a person must meet also.  (However, military personnel may have different requirements; see above.)  A person must be at least 18 years old.  A person must have permanent residency for at least 5 years (or 3 years if the person is married to a U.S. citizen).  A person must have spent at least half of that time physically within the United States, and the person cannot have spent more than one year at a time outside of the United States.  A person must also be able to speak and read and write English at a basic level of fluency.  (There is an exception for older people who have lived in the U.S. for at least 15 years.)  Also, a person must have basic knowledge of American history and government, and a person must be loyal to the U.S. and the principles of the U.S. constitution.  A person must be willing to bear arms in times of war for the United States (or a person must be willing to otherwise serve, if the person is a genuine conscientious objector.)  A person must have good moral character, which includes no serious criminal convictions, no adultery, no drunk driving, and proving that he or she has been up to date in supporting dependants (such as children).  A person must be a resident of the state for at least 3 months in which the paperwork for citizenship is filed.  Also, a person must reside continuously inside the U.S. from the time of filing an application for U.S. citizenship till that application is approved.  This is important to keep in mind because it can take well over a year for the government to process the paperwork for an application for U.S. citizenship.  For more information on naturalization, please see the USCIS website at http://uscis.gov .

 

 II.  Requirements for Immigration by Marriage to a U.S. citizen                        top of this page 

            Marriage to a U.S. citizen is the most common way to legally immigrate to the United States.  People can also immigrate if they are engaged to be married to a U.S. citizen. 

  

            II.A.  General Requirements for Immigration by Marriage         top of this page 

             There are several general requirements immigration by marriage.  The couple must be over age 18.  The couple must be heterosexual.  (In other words, the U.S. government presently does not recognize gay marriage for immigration.)  The couple must also be monogamous.  In other words, polygamy is illegal in the United States.  Also, if either person was married before, all previous marriages must be legally terminated (by divorce, dissolution, annulment, or death).  If the couple is engaged to be married, the couple must have met in person before immigrating to the U.S.  The couple must meet all the legal requirements for marriage in the place where the wedding occurs.   

            Also, a couple must provide evidence that they genuinely intend to establish a joint life together.  That means providing proof of one or more of the following things:  a joint residence, joint finances, joint property, having children together, and holding themselves out to society (family, friends, coworkers, etc.) as married. 

  

            II.B.  Different Types of Marriages Visas              top of this page 

             Also, the couple must use the correct visa for immigration by marriage.  Generally, there are three marriage visas and one domestic process for four different sets of circumstances.  The immigrant visa is for a couple who are married and outside of the U.S.  The spouse visa (the K3 visa) is for a couple who are married, but the American spouse is inside the United States and the foreign spouse is outside the United States.  The fiance visa (the K1 visa) is for a couple who are engaged (betrothed) to be married, and the American is inside the U.S. and the foreign fiance is outside of the U.S.  Please note: there is no girlfriend visa or boyfriend visa; there is a spouse visa or a fiance visa.  Finally, if the couple is already inside the U.S. and married, the foreign spouse can apply for permanent residency (see section I.B, above) by the process called adjustment of status.  For more information about the details of these visas, please see section V of this essay: "Further Information."

  

            II.C.  Fraud               top of this page 

             It is ILLEGAL to use the wrong visa for immigration by marriage.  It is also ILLEGAL to use the Visa Waiver Program or other travel without a visa (see section I.A, above) for immigration by marriage.  Yes, sometimes a person comes to the United States genuinely for another purpose (for example, to work or to study), and then the person falls in love with an American citizen, and then they get married and decide to live here.  However, that had better be at least 60 days after the person's arrival to America on a temporary visa, or the U.S. government will strongly suspect fraud.

             Visa fraud is a violation of U.S. immigration law.  It is knowingly using the wrong visa (or travel without a visa) for the wrong purpose.  It is also knowingly making false statements in visa applications.  The penalties are deportation and being permanently barred (prohibited) from returning to the United States.

             Marriage fraud is a violation of U.S. immigration law, and it is a federal crime.  It is marrying someone only to gain an immigration benefit.  It can result in five years in a federal prison and a fine of up to $250,000.00.  (That is true for the American spouse as well as the foreign spouse.)  It also can result in deportation and being permanently barred (prohibited) from returning to the United States. 

             Marriage fraud is unwise.  Sometimes, people get married just for the green card (for the foreign spouse) and just for money (for the American spouse).  However, it is hard to live a lie for the three years (minimum) that the process would require.  Usually somebody talks or somebody notices; and then there are serious problems.  Also, the American spouse in this kind of situation usually gets greedy, and he or she usually asks for more and more money.  However, sometimes people get married in order to "help" a friend.  The intention can be sincere.  However, it is dangerous.  If caught, there can be disastrous legal consequences:  prison, fines and permanent deportation.  And that is not helping a friend. 

             Instead, people should get married only if they truly intend to establish a joint life together.  See section II.A, above, for what that means under U.S. immigration law.

  

            II.D.  Mail Order Brides                   top of this page 

             The term "mail order brides" refers to finding a wife through the mail or (these days) through the internet.  It is a pejorative term because it makes marriage into a business and brides into a kind of commodity.  The stereotype is a wealthy man, a mentally ill man, or a socially incapable man who basically buys a young and pretty wife for his pleasure and his ego. 

            Obviously, participating in a mail order bride scheme is unwise.  Sadly, there are men --usually middle aged, divorced and well-off financially, but lonely-- who actually believe that someone half his age loves him for his personality.  Then, three years and a green card later, she divorces him; and he is sadder (and poorer) and sometimes heartbroken, but wiser.  Likewise, there are women --lonely, often desperate to start a family or afraid of growing old alone-- who actually believe that a strange man in another country loves her for herself.  Then, she gives up everything (job, apartment, friends and family) to go to America to marry a man who, it turns out, likely has serious problems.  If she lives (sometimes, the women get killed or beaten in these situations), she is also sadder but wiser.  Etc.  As the saying goes:  If something looks too good to be true, it usually is. 

             Scammers are easy to identify.  They quickly fall in love with someone else; or they become sexually impassioned with someone else; or both; and they do so without really knowing the other person.  And then, soon or later, they usually ask for moneyˇ­ 

             In contrast, there are the real matchmaking services.  Their services are available online as well as in person.  Regardless of how they are called (introduction agencies, dating services, etc.), real matchmakers can be identified by their realism and candor.  Real matchmakers do not offer instant happiness or fantasies.  Instead, they offer compatible matches for marriage.  In other words, real matchmakers find people who would be a good for each other for marriage.  And, they introduce the couple to each other.  After that, the rest is up to the couple. 

 

             II.E  Only Getting Married in America                   top of this page 

             Finally, there are couples who only want to get married in America, but they want to live somewhere else.  For example, sometimes couples want to get married in Hawaii because it is beautiful, or in Las Vegas because it is exciting, etc.  However, they intend to leave the United States after they are married.  In this kind of situation, the couple simply needs to qualify for travel as tourists: either using the tourist visa (the B visa) or a form of travel without a visa.  See section I.A of this essay for more information.

  

III.  General Requirements for Immigration                      top of this page 

             There are several general requirements for immigrating to the United States.  These apply to all immigrants, regardless of the basis of their immigration (by family, by employer, by asylum or refugee status, or by the diversity visa lottery).  They are health, no crimes, no drugs, enough financial support, and no serious violations of U.S. immigration law.

 

             III.A.  Health                         top of this page 

             Generally, a person must be healthy to immigrate to America.  For example, a person cannot have a serious and infectious diseases.  This does not mean the common cold.  Instead, this means something like HIV / AIDS or active tuberculosis.  Also, if a person has a disability or a chronic condition which requires ongoing care or treatment, the person must prove that he or she has the financial means to continue that treatment in the United States.  Also, a person must take and pass a medical exam and prove that he or she has the required vaccinations.  Also, if a person is addicted to alcohol (which can be determined, for example, by a conviction for driving under the influence / driving while intoxicated), that person must first become sober for a period of time before being allowed to immigrate.  If a person has concerns with issues of health and immigration, that person should consult with an immigration attorney.

  

             III.B.  No Crimes                   top of this page 

             Generally, a person cannot have a conviction for a crime if he or she wants to immigrate to the United States.  This might include crimes committed as a youth.  It might include so-called "petty" crimes such as shoplifting.  It might include crimes that happened years ago, or where the record was sealed, or where the record was expunged.  There are some exceptions.  However, this is a complicated area of immigration law.  If a person has had ANY trouble with the law that is more serious than a parking ticket or a speeding ticket, that person should consult with an immigration attorney.

   

            III.C.  No Drugs                    top of this page 

             Generally, a person cannot immigrate to the United States if he or she has conviction involving drugs.  Yes, that includes marijuana (cannabis / hemp).  Important to understand is what a "conviction" is in U.S. immigration law.  In U.S. immigration law, a conviction is not only a formal finding of guilt by a judge or jury.  A conviction can also be an admission of crimes or facts of a crime before a lawful authority.  So, for example, a "conviction" could include admissions made as part of a plea bargain.  Also, a "conviction" could include admissions made in court to qualify for drug treatment.  Also, a "conviction" could include admissions made during the medical exam.  In the medical exam for immigration, the doctor must ask, "Have you ever used illegal drugs?"  If a person answers "yes," that person might not be able to immigrate to the United States.  If a person has any potential issues with drugs, that person should consult with an immigration attorney.

 

              III.D.  Enough Financial Support               top of this page 

             In family-based immigration, the American sponsor must be able to provide enough financial support.  Specifically, the American sponsor must prove that he or she has enough income (or assets) to meet his or her existing obligations AND to financially support the immigrant.  Also, the American must promise (in an "affidavit of support") two things.  First, the American sponsor must promise to repay the government if the immigrant receives public financial benefits.  Second, the American sponsor must promise to financially support the immigrant at a certain minimal amount per year.  These promises can last for ten years or more ˇ­ even if the relationship with immigrant ends (for example, by divorce).  If a person has questions or concerns about the financial liability of sponsoring someone for family-based immigration, that person should consult with an immigration attorney.

 

 

             III.E.  No Violations of U.S. Immigration Law                  top of this page 

             It is more difficult, and sometimes impossible, to immigrate to the United States if a person has violated U.S. immigration laws.

             The most common immigration violation (in my experience) is entering the United States without inspection -- in other words, illegally entering the country.  Currently (December, 2008), a person in this situation cannot legalize his or her immigration status while inside the U.S.  Instead, that person would need to leave the U.S. and then re-enter with the proper visa. 

             However, that is very difficult because of the 3 and 10 Year Bars.  Briefly, if a person was illegally present in the U.S. for more than 6 months but less than 1 year, and then that person leaves the U.S., that person cannot return to the U.S. for 3 years.  Likewise, if a person was illegally present in the U.S. for 1 year or more, and then if that person leaves the U.S., that person cannot return  to the U.S. for 10 years.  There are sometimes exceptions ("waivers") available:  if the person is married to a U.S. citizen AND if the U.S. citizen spouse would suffer "extreme hardship" if the foreign spouse does not return sooner.  A person in this situation should consider consulting with an immigration attorney. 

             The second most common immigration violation (in my experience) is overstaying one's visa.  A person in this situation can legalize his or her situation without leaving the U.S. (usually) by marriage to a U.S. citizen.  Otherwise, a person who has overstayed his or her visa would have to leave the U.S. and re-enter with the proper visa; and that might trigger the 3 or 10 Year Bars.  A person who suspects that he or she has overstayed his or her visa should consider consulting with an immigration attorney. 

             Finally, there are obvious violations of immigration law that preclude immigration:  terrorism, espionage, seeking the violent overthrow of the U.S. government, organized crime, etc.

             A person who has violated U.S. immigration laws should consult with an immigration attorney. 

  

 

IV.  Hiring an Immigration Attorney                      top of this page 

             It's not always necessary to hire an immigration attorney.  If a case is simple, straightforward, with good facts, and no serious problems, it might not need an immigration attorney.  However, a straightforward immigration case should be understood to be as complicated as filing taxes for a small business, for example:  there are many forms, attachments, rules and fees.  Hence, people who represent themselves need to be fluent in English, and they need to be capable in representing themselves before the law. 

             Hiring an immigration attorney is a good idea in two situations.  One situation is when people simply feel more comfortable in hiring an attorney to represent them.  The other situation is when the case is complicated or if it has a serious problem.  A serious problem could include a problem with any of the requirements for immigration which I already mentioned:  health, crimes, drugs, financial sponsorship.  A serious problem could also include issues with the requirements for immigration by marriage.    

             U.S. immigration law is federal in jurisdiction.  That means an attorney can represent a client anywhere, so long as the attorney is licensed and in good standing somewhere inside the United States.  When hiring an immigration attorney, check the following: 

 

  

V.  Further Information                   top of this page 

             V.A.  Legal Aid (to get an attorney for free if you cannot afford to hire one)                top of this page 

             If a person lives inside the U.S., and if a person genuinely cannot afford an attorney, there is an option available.  It is called "Legal Aid" (or names that are similar to that).  Legal Aid is an organization that exists in most places in the United States.  It consists of lawyers who provide legal services at little or no cost, for people who cannot afford to hire an attorney.  To find a local Legal Aid organization inside the U.S., go to a search engine (like Google) and type in your town and state and the words "legal aid." 

 

 

            V.B.  U.S. Government Agencies and Immigration Forms                       top of this page 

             There are several government agencies which are involved with U.S. immigration law. 

             The United States Citizenship and Immigration Services (USCIS) administers most immigration matters inside the U.S.  It is the main successor of the previous INS (which was abolished after the terrorist attacks of September 11th, 2001).  Its website has a lot of basic immigration information and most immigration forms.  It also has an online library of U.S. immigration law: the main statute, cases, and field manuals.  All of this material is free to use, and it is available at http://uscis.gov . 

             The U.S. Immigration and Customs Enforcement (ICE) enforces immigration law inside the U.S.  Its authority includes investigating, arresting ("detaining") and deporting ("removing") non-U.S. citizens for violations of U.S. immigration laws.  Its authority also includes investigating and arresting U.S. citizens and U.S. employers who violate U.S. immigration laws.  Its authority also includes investigation and enforcement activities related to national security.  Etc.  Its website can be found at http://www.ice.gov . 

             The U.S. Customs and Border Protection (CBP) seeks to enforce the integrity of the U.S. border.  That includes conducting inspection and admission of all persons who seek to enter the U.S. at designated points of entry (border crossings, seaports and airports).  It also includes patrolling the U.S. border.  Its website can be found at http://www.cbp.gov . 

             The U.S. State Department's Bureau of Consular Affairs administers most immigration matters outside of the U.S.  The Bureau of Consular Affairs' website has a lot of information about visas, links to U.S. consulates and embassies worldwide, some forms, and access to the Foreign Affairs Manual.  Its materials are also for free, and its website is available at http://travel.state.gov . 

             Please note:  Government forms are FREE to get.  It can cost a lot of money to file those forms with the U.S. government (which are called "filing fees"), but simply getting the forms is free.  Again, most forms for immigration can be found at the website for the USCIS (http://uscis.gov) and the State Department's Bureau of Consular Affairs (http://travel.state.gov).

 

  

            V.C.  Pro Se / Representing Yourself                      top of this page

             As I mentioned earlier, it is sometimes possible for people to successfully represent themselves in immigration law.  The case should be simple, straightforward and without serious problems.  A serious problem includes an issue with any of the requirements for immigration which I discussed already, in sections II and III of this essay: especially issues of health, crimes, drugs, not enough money, or violations of U.S. immigration law.  If there is a serious problem, please consult with an immigration attorney.  Otherwise, if there are no serious problems in the case, people might be able to successfully represent themselves: especially in marriage cases.

             For immigration by marriage, there is a website that has a large amount of useful information.   It is called Visa Journey, and it is available at http://www.visajourney.com.  The section entitled "guides" contains several pages of particularly useful information about immigration by marriage, and that information appears to be up to date and correct.  There is also a discussion group at that website, in which people post questions and answers about immigration by marriage.  Some of those answers are correct, but sometimes they are not correct, so proceed at your own risk. 

  

 

            V.D.  Sources of Law                                    top of this page 

             The United States Supreme Court has held that the United States Constitution grants to the United States Congress full authority over immigration and naturalization.  See the Passenger Cases, 48 U.S. (7 How.) 283 (1849).  Hence also, U.S. immigration law is purely federal in jurisdiction. 

             The U.S. Congress has exercised its authority over immigration principally by passing the Immigration and Nationality Act (the INA).  The INA constitutes Title 8 of the United States Code (8 USC), and the INA is the principal immigration statute for the United States.

             Administratively, the federal rules for implementing immigration law can be found, mostly, in chapter 8 of the Code of Federal Regulation (8 CFR).  Field manuals give operational guidance to Immigration Officers of the USCIS, and the FAM (the Foreign Affairs Manual) likewise gives operational guidance to Consular Officers of the U.S. State Department.  Policy memos from the leadership of the USCIS and the U.S. State Department provide further operational directives. 

             Case law includes decisions by the Board of Immigration Appeals (the BIA), which is the administrative appeals court of the USCIS.  Appeals from BIA decisions are heard (in turn) by federal district courts, by federal appeals courts, and sometimes by the U.S. Supreme Court.  The United States Court of Appeals for the Ninth Circuit (whose territory includes the western United States) sometimes has had notably different decisions than other jurisdictions on some significant issues in immigration law. 

             One of the most standard treatises on U.S. immigration law is by Ira Kurtzban, "Kurtzban's Immigration Law Sourcebook."  It is available through AILA, and it is currently (2008) in its 11th edition.  

             AILA membership makes an attorney eligible to purchase access to a substantial online legal library ("AILA Link") of materials relating to U.S. immigration law.

 

  

VI.  My Services and Contact Information                                    top of this page 

             VI.A.  Services and Fees                   top of this page 

             I am licensed and in good standing with the State of Illinois, and I have been since May, 1997.  You can click here to confirm my registration as an attorney.

  

            VI.B.  Contact Information              top of this page 

             Abraham Lincoln said that all a lawyer has for sale is his opinion and his time.  That is true.  And that is why I do not give free legal advice.  If you want to ask me a question about U.S. immigration law, you must also send me $150.00 (USD) for an hour of my time for a consultation.

             If you are interested in a consultation, please send me an email.  In it, please briefly describe your situation in a couple of paragraphs or so.  Also, please inform me of the best way for me to reply (for example, by email or by telephone).  If you are in Northwest Ohio (in the United States), we can also meet in person.  If I think that I can help you, I will arrange a consultation.  The fee would be $150.00 (USD).

            My contact information is the following:

            John Gfoeller, Esq., attorney at law

            P.O. Box 181 / Fremont, Ohio  43420  / United States

            Email:  jg@jgimmigration.com 

            Telephone, inside the U.S. and Canada:   (419) 463-6358


 Thank you for visiting my website.  Take care, and Be well.

 John Gfoeller

 

 

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