U.S.
Immigration: Top Ten Tips for Avoiding Trouble
by Ilona Bray
Keep your status secure and your visa and green card
applications moving along smoothly by following these
immigration tips.
1. Plan for delays. If you are in the United States and your
work permit or status needs to be renewed, realize that U.S.
Citizenship and Immigration Services (USCIS, formerly called
the INS) is extremely backed up. Cope by turning in your
application far in advance. This is particularly important
if your legal status has an expiration date on it. If you
fall out of status, the immigration authorities could arrest
you.
2. Consider U.S. citizenship. If you have a green card, file
for U.S. citizenship as soon as legally possible. This will
not only protect you from deportation, but will also help
you get a more secure status for your close family members.
Most people have to wait five years after their green card
approval before applying, but some people can apply sooner.
For more information, see the USCIS website at www.uscis.gov
or the book Becoming a U.S. Citizen: A Guide to the Law,
Exam & Interview, by Ilona Bray (Nolo).
3. Avoid summary removal. When arriving in the U.S. from
overseas, be ready to convince the border official that you
deserve your entry visa. These officials have a lot of power
and they can send you back if they think you are a security
risk or that you lied in order to get the visa. Tourists
should be careful not to pack anything that looks like
they're planning a permanent stay, such as a résumé or a
wedding dress.
4. Notify USCIS of address changes. If you're spending more
than 30 days in the U.S., you must notify USCIS of your
changes of address, within ten days. You and every member of
your family must send separate notifications. You can do so
either by mailing in Form AR-11 (available on the USCIS
website), or better yet, through USCIS's online change of
address service. Also, be sure to send written word of your
new address to every USCIS office that's handling an
application of yours -- otherwise, the office might not hear
of the change.
5. File multiple visa petitions. If you plan to get a green
card through a family member, see if more than one member of
your family is eligible to submit the visa petition for you.
For example, a brother and a sister who are U.S. citizens
could both file for you, as could a U.S. citizen spouse or
parent. That way if the waiting list in one category gets
especially long, or if one person dies, you'll have another
option.
6. Don't be late. Be extremely careful to arrive on time for
any scheduled appointment with the USCIS, a U.S. embassy or
consulate, or the U.S. immigration court. Arriving late --
or not at all -- can result in months of delays at best, and
deportation from the U.S. at worst.
7. Avoid visa violations. Make sure you understand the fine
print surrounding your visa, work permit, or green card, and
follow the rules carefully. Violating even minor terms of
your visa or green card -- for example, working while you're
here as a tourist or helping to smuggle a family member over
the border -- can result in your visa being canceled or you
being deported. For more information on the various visas
and green cards available, see U.S. Immigration Made Easy,
by Ilona Bray (Nolo).
8. Copy and track paperwork. USCIS is famous for losing
paperwork. Send all applications and other material by
certified mail, with a return receipt, and keep a copy.
They're not only your proof of filing, but may become the
main copies in the USCIS files if the original is never
found.
9. Do your research. Be careful who you accept advice from.
Rumors and friends can't be relied on -- everyone's legal
situation is different. Even USCIS employees sometimes give
out wrong advice, for which you pay the consequences. Do
your own research where possible, and if necessary take your
unanswered questions to an immigration attorney or
accredited representative whose reputation you've checked
out.
10. Get help from above. If nothing else is working, contact
your U.S. congressperson. They can usually make an inquiry
for you, which often encourages the USCIS or consulate into
taking appropriate action.
© 2010 Nolo
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