All posts by Cheng, Cho, & Yee, Immigration Lawyers

How an Immigrant Becomes a U.S. Citizen

How an Immigrant Becomes a U.S. Citizen

Immigrants must go through several steps to gain U.S. citizenship, with the entire process taking up to a year or longer to complete. The following are details about each stage.

How an Immigrant Becomes a U.S. Citizen

1. Determining Eligibility

Before becoming American citizens, immigrants must obtain permanent resident status and a green card. Once the immigrant has lived in the U.S. as a lawful permanent resident (LPR) for five consecutive years, they can begin applying for citizenship.

To become eligible for citizenship, immigrants must meet requirements, including:

  • Being at least 18 years of age
  • Able to read, write, and speak basic English
  • Being of good moral character
  • Having an understanding of the basics of U.S. history and government
  • Showing an understanding of the U.S. Constitution and the principles behind it
  • Taking an oath of allegiance to the U.S.

2. Applying for Naturalization

Once an immigrant becomes eligible, he or she can apply for naturalization that grants them citizenship. This will entail sending an application form to U.S. Citizenship and Immigration Services (USCIS), along with an application fee.

3. Undergoing Biometrics Screening

When applying for citizenship, applicants will need to have their photographs and fingerprints taken before the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and the Department of Homeland Security (DHS) complete background checks and cross-checks. 

4. Speaking With USCIS Officers in an Interview

After biometric data is captured, USCIS officers will interview citizenship applicants to learn about their character, background, knowledge, and understanding of the U.S. government and Constitution, and the applicant’s willingness to take an oath of allegiance.

5. Completing and Pass Civics and English Tests

Over the course of the interview, USCIS officers will gauge the applicant’s ability to speak, read, and write English, along with the applicant’s knowledge and comprehension of American government and history. 

However, some applicants may not need to take these tests due to their age, disabilities, or the length of their permanent residency.

6. Taking the Oath of Allegiance

After the exams and the interview are completed, applicants will need to take an oath of allegiance to the U.S. They will do so by attending a public ceremony. After taking this oath, the individual is now a U.S. citizen.

For more information about this process and help navigating it, it may be in citizenship applicants’ best interests to speak with an immigration lawyer in Chicago. 

Completing this entire process will help qualifying immigrants to become U.S. citizens.

How an Immigration Attorney Can Help Stop Deportation

When hiring an immigration lawyer before a removal hearing, the attorney may be able to help stop deportation by determining if circumstances may not warrant deportation.

Ways an Attorney May Defend Against Deportation

Under certain circumstances, individuals in and around Chicago who are facing deportation may be able to avoid it. The reasons for arguing against deportation may be unclear to those who are unfamiliar with U.S. immigration laws, making it ideal to work with an experienced Chicago deportation attorney who understands how the law works.

The following are some ways an attorney may be able to fight against deportation.

Arguing That the Charge Is False

An attorney may attempt to argue that a charge against the defendant is false. For instance, an immigrant’s criminal conviction may not warrant removal according to U.S. immigration laws.

Proving Citizenship

Attorneys may also be able to prove that the immigrant is a U.S. citizen because of a parent or grandparent who is an American citizen.

Arguing for Asylum

Lawyers may be able to argue that defendants qualify for asylum due to their fear of and reason to believe they would face persecution upon returning to their home country.

Requesting a Green Card

If the immigrant is the immediate relative of a U.S. citizen, or a “preference relative” with an available visa number and priority date, the attorney may be able to request the granting of a green card from the judge.

Requesting Cancellation of Removal

If requesting a green card isn’t possible, the attorney may help the defendant present an application for cancellation of an Order of Removal. This would open up green card availability to immigrants who have spent several years in the U.S. and have good moral character and have a qualifying U.S. citizen or permanent resident relative.

Asking for Prosecutorial Discretion

Because of the immigrant’s familial and other ties, along with their good character, attorneys may be able to ask the Department of Homeland Security to exercise prosecutorial discretion. Even if the defendant is unable to obtain a green card, the attorney could still argue for closing the case because the defendant poses no real threat.

The right lawyer may help by using any of these defenses, and could also make the best recommendations even if none of these apply. Attorneys will help immigrants understand their rights and work to develop the strongest argument in their favor.

How to Find the Best Immigration Lawyers Near You

How to Find the Best Immigration Lawyers Near You

To find the best immigration lawyers in Chicago, individuals should prioritize quality over affordability, review the lawyer’s qualifications, check references, and consult with the attorney in person or over the phone. Hiring a qualified, recommended attorney who is experienced with similar cases can mean the difference between a successful and unsuccessful case.

small human figurines standing on a passport to show How to Find the Best Immigration Lawyers Near You

Finding the right attorney can have a huge impact on your experience during the immigration process. The following are some critical steps to take when looking for the best immigration attorney.

Prioritizing Quality Over Affordability

As individuals begin their search for the ideal immigration attorney, they should choose quality over any other factor. Working with a skilled lawyer who has a reputation for success will likely achieve a better outcome with a case than if a person were to select a more affordable, but less reputable attorney.

Learning About Qualifications

When selecting the best immigration lawyers in Chicago, it’s also important to make sure they have sufficient credentials and experience. Much of this information may be available through the attorney’s website, but it’s also important to look at other sources, including the state bar where the lawyer’s offices are located.

In addition to credentials and experience, individuals should determine if the attorney was subject to any complaints or was involved in a malpractice lawsuit at any point in the past. 

Getting a Referral

Sometimes it’s best to find a lawyer through friends and family who have worked with one. By asking around, it’s possible to find someone who has worked with a reliable immigration lawyer. Based on their experience, they may be able to recommend the best immigration attorney.

Individuals should still conduct additional research online to determine if the attorney is a good fit.

Consulting With the Attorneys Selected

After narrowing down the list of potential attorneys, the next step is to consult with each to determine which is most ideal. Individuals can interview attorneys by scheduling in-person appointments or phone calls.

Individuals can then request more information about the attorney, including what kinds of cases they’ve handled in the past, along with their experience in immigration law. The attorney’s personality is also important to consider, as incompatible personalities may also lead to a bad attorney-client relationship.

Meeting with the attorney can also help determine if communication is clear. Immigrants who speak a foreign language as their first language should make sure the attorney is familiar with their language and can ensure there’s no miscommunication at any point.

Ultimately, meeting with the attorney can help determine whether the attorney makes individuals comfortable with them before hiring, which will indicate how the relationship will be moving forward.

Asking About References

When speaking with each attorney, individuals should ask about references. A good immigration attorney will be able to provide potential clients with plenty of references detailing previous success stories with other clients. 

If an attorney can provide an adequate number of references that show a long history of satisfied clients, this is a great sign that the attorney will be a good fit.

Choosing an Attorney That’s Technologically Adept

Another deciding factor when choosing an immigration lawyer is whether the attorney relies on paperwork or uses a secure and reliable cloud-based system to generate and store documents.

Electronic documents and signatures offer a level of convenience that manual paperwork doesn’t, and it can save more money on postage. Individuals will also be able to take comfort knowing their documents are consistently secure and accessible in the event of any potential outages or other disasters.

Negotiating Fees

Before making a final selection, there shouldn’t be any lack of clarity regarding payment. Individuals can negotiate fees before hiring an attorney to better determine what they’ll be paying for once their case begins.

One way to determine if fees are reasonable is to compare the lawyer’s stated fees with other attorneys, who may charge a flat or hourly rate. Some attorneys may also charge additional fees throughout the representation, including long-distance or postage fees. Generally, transparency is key here.

Finding the Right Attorney Based on Individual Needs

By taking all of these steps, it’s possible to locate the right immigration lawyer that can meet even the most specific requirements. Working with the ideal attorney will help ensure the best possible outcome in a case while maintaining a consistently comfortable relationship. Although there are many tasks involved in immigration cases, the right lawyer will make the process easier and work to keep clients consistently satisfied throughout. They’ll also understand individual needs to provide services that are truly tailored to clients and their unique cases.

USCIS Implements Employment Authorization for Certain Hong Kong Residents

U.S. Citizenship and Immigration Services (USCIS) is authorizing employment to eligible Hong Kong residents who have been living in the U.S. as of August 5. Specifically, the agency has issued a Federal Register notice that provides information about Deferred Enforced Departure (DED) and how it applies to qualifying individuals. 

Hong Kong Residents Who Qualify for DED

President Biden issued a memorandum on August 5 making DED active for 18 months, with the program ending on February 5, 2023. Under the memorandum, some Hong Kong residents in the U.S. as business immigrants may be able to gain employment authorization.

Hong Kong residents qualify for DED if they have lived in the U.S. since August 5 and meet other requirements detailed in the memorandum. A Hong Kong resident is any individual possessing a Hong Kong Special Administrative Region (HKSAR) passport, an HKSAR Document of Identity for Visa Purposes, a Hong Kong Permanent Identity Card, a British Overseas Citizen Passport, or a British National Overseas passport.

Who Doesn’t Qualify for DED?

While many Hong Kong residents are eligible for DED, some may not qualify under certain circumstances, according to the memorandum. 

Some grounds for ineligibility include:

  • Residents who have returned to Hong Kong or PRC after August 5, or who have not lived within the U.S. since August 5
  • Individuals subject to extradition
  • Residents who were convicted of two or more misdemeanors or a felony in the U.S.
  • Residents determined to present a safety risk to the public or those whose employment the Secretary of Homeland Security has determined is not in the best interest of the U.S.

Steps for DED Application

Hong Kong residents who are eligible for DED don’t need to apply to the program. The memorandum details all the eligibility requirements for qualifying individuals, along with additional Department of Homeland Security requirements that this agency detailed.

To qualify for DED, Hong Kong residents will instead need to use Form I-765 to apply for an Employment Authorization Document. Those who qualify for DED under the memorandum can receive travel authorization. To travel under this program, individuals will also need to apply using Form I-131, the Application for Travel Document. Completing this form may enable them to receive advance parole.

Taking these steps, Hong Kong residents who qualify for DED may be able to receive employment authorization from USCIS.

Will USCIS Salvage Unused Greencards?

U.S. Citizenship and Immigration Services file and and American flag

A recent Senate spending bill could lead U.S. Citizenship and Immigration Services (USCIS) to begin salvaging unused green cards. This bill would specifically enable the agency to salvage employment- and family-based visa numbers spanning from 2020 to 2021, which would have remained unsalvaged due to delays in application processing experienced during the pandemic.

U.S. Citizenship and Immigration Services file and and American flag

The move would help U.S. citizens reunite with loved ones and boost the economy by allowing employers to access the workers they need.

How Immigration Funding Would Work

Through the proposed legislation, the Department of Homeland Security (DHS) would receive a total of $71.7 billion to use toward immigration. This amount falls $65 million short of President Biden’s request, and it’s $136 million less than the total for fiscal 2021. Additionally, USCIS would receive a total amount of $487 million to use in fiscal 2022, which comes to $359 million more than USCIS received this year.

The money given to USCIS would primarily go toward helping alleviate backlogs and bring in as many as 125,000 immigrant refugees by next year.

On the other hand, U.S. Customs and Border Protection would see budget cuts under the new bill. This agency would receive $14.5 billion, which is $80 million less than what President Biden requested and half a billion less than what the agency received in 2020.

Meanwhile, U.S. Immigration and Customs would also receive far less than initially requested, with a total of $7.9 billion. 

Other Funding

In addition to providing funding for these agencies, the new bill would help fund the development of three migrant processing facilities located at the country’s southwest border. It would also supply funding for environmental mitigation at certain locations that border wall construction impacted throughout President Trump’s term. 

Another channel of funding would include $2.6 billion to go toward the Cybersecurity and Infrastructure Security Agency. $1.6 billion of this would contribute toward private sector information sharing and protection for federal networks. 

Eliminating the Hassles of Backlogs

The Covid-19 pandemic was disruptive for many immigrants and non-immigrant workers, as USCIS became unable to resume normal service due to certain safety guidelines and other restrictions in place. However, this new bill, along with other changes, would help to ensure that many immigrants and their families have the chance to recover green cards and gain citizenship or lawful permanent residency in the U.S.