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

Immigration Equality: Your Rights as a Transgender Immigrant

Set Of Multicultural People Headshots With Cheerful Young And Mature Multiethnic Females And Males Over Bright Colorful Studio Backgrounds. Concept of immigration equality

When transgender immigrants want to enter the U.S., they can gain certain rights after completing the legal immigration process. For instance, transgender immigrants have the right to identify as their preferred gender and name, and they may seek asylum in the U.S. to avoid potential persecution.

Set Of Multicultural People Headshots With Cheerful Young And Mature Multiethnic Females And Males Over Bright Colorful Studio Backgrounds. Concept of immigration equality

Why It Is Important to Know Your Rights as a Transgender Immigrant

Even with laws in place protecting transgender immigrants and citizens, transgender individuals face discrimination in the U.S. Government legislation and prejudiced individuals may attempt to oppress many transgender people, but there are rights available to you as a transgender immigrant.

Knowing the specific rights you have will help you be protected from and stand up against any discrimination or mistreatment you may face when entering the country. In addition, you may also be able to protect you and your loved ones from deportation if you risk removal from the U.S.

There are many rights owed to you, including rights pertaining to airport security, health care, employment, Medicare, housing and homeless shelters, and military records. 

Adjustment of Status

Like other immigrants, transgender immigrants and others in the LGBTQ community have the ability to apply for adjustment of status to become lawful permanent residents (LPRs). They may wish to apply for adjustment of status when seeking asylum in the U.S. or otherwise attempting to live and work in the country.

There are four types of immigrant statuses that classify immigrants and non-immigrants in the U.S. These include the following:

  • Undocumented — If an immigrant enters the country illegally or without permission in any capacity, they are undocumented at the time of entry. They may face deportation at any time and will need to take certain steps to obtain temporary visas or begin the path to U.S. citizenship to stay in the U.S. legally. 
  • Non-immigrants — If you are a non-immigrant, you will be able to work and live in the country temporarily. There are multiple types of non-immigrant visas that you may obtain, including B1 or B2 visas for workers and F-1 visas for students. At some point, you may be able to apply to adjust your status and become either an LPR or a U.S. citizen.
  • Residents — Documented immigrants may also become either conditional or permanent residents. Conditional residents are those who receive a green card before they’ve been married to their partners for two years. Lawful permanent residents, or LPRs, are immigrants who can live and work permanently in the U.S. with a green card. 
  • Citizens — Immigrants may go through the steps to become U.S. citizens by undergoing naturalization. To gain citizenship, immigrants must have lived in the U.S. for three to five years and meet all other qualifications according to the U.S. government.

Transgender immigrants have the same rights to adjust their status as other immigrants in these categories.

Protection From Deportation

In the event of any issues potentially resulting in deportation, LGBTQ immigrants may avoid deportation if they qualify under the Deferred Action for Childhood Arrivals (DACA), which would apply if they arrived in the U.S. before the age of 16.

Depending on the circumstances, you may also have other defenses against deportation. For example, you may be able to seek LGBTQ asylum in the U.S. if you fled your country of origin for persecution or fear that you’ll face future persecution upon returning. Seeking asylum may allow you to gain legal status in the U.S. as a lawful permanent resident at some point, but you may be able to begin with a work permit that enables you to gain employment in the U.S. and stay here temporarily.

Rights While in Federal Immigration Detention

There are also LGBTQ immigration rights for individuals in federal immigration detention in accordance with Immigration and Customs Enforcement (ICE). These rights include the following:

  • Transition-related medical care — While in detention, you have the right to any hormone treatment that you took before officials detained you. You will also have access to a medical evaluation if you weren’t previously taking hormone treatments.
  • Access to preferred clothing options — Individuals have the right to access the clothes they wish to wear according to gender identity. However, they may not be able to obtain preferred underwear options at certain detention facilities.
  • Selection of officials for strip searches — You also have the right to choose whether the person performing a strip search, if needed, is a man or a woman.
  • The right to avoid harassment and sexual assault — If anyone attempts to sexually harass or assault you, you may file a complaint against the responsible individuals with the U.S. Office for Civil Rights and Civil Liberties. You may also be able to file a complaint on a detainee’s behalf if you have that detainee’s formal written permission to do so.
  • The right to avoid placement into isolation — You may file a complaint with the U.S. Office for Civil Rights and Civil Liberties if officials place you in isolation while detained.
  • Access to HIV medication — If you are currently taking HIV medication, you will be able to access it while detained.

Updating Immigration Documents

As a transgender immigrant, you may need to update your immigration documents with your preferred gender and new name. Often, this process begins with a court order requesting the name or gender change. 

If you want to notify U.S. Citizenship and Immigration Services (USCIS) of a gender change, you will only be able to do so via a letter from a licensed osteopath or doctor, but it doesn’t need to disclose the exact procedure. This letter can help show that you have transitioned to another gender through formal, clinical treatment. This letter will include the Drug Enforcement Administration (DEA) registration number along with the physician’s license number. 

Several types of documentation may require updates if you change your name or gender. For example, you may need to update your naturalization certificate, LPR card, or employment authorization cards. 

The following are the specific steps you’ll need to take to change each type of document:

  • Naturalization Certificate — To change this document, you must file Form N-565 and either pay a fee or file a fee waiver, and you’ll need to submit at least two passport photographs along with other supporting documents.
  • Permanent Resident Card — Changing this document will entail filing Form I-90 and paying a fee or submitting a fee waiver, and you’ll also need to include any available supporting documents.
  • Employment Authorization Card — This document change will involve filing Form I-765, paying a fee or submitting a fee waiver, and providing at least two passport photographs, along with other supporting documents.

In most cases, supporting documentation here would include documents such as letters from physicians confirming a gender change, along with a court order for a name or gender change.

Why Hiring an Attorney May Be in Your Best Interests

If you experience discrimination as a transgender immigrant or another member of the LGBTQ community, or if you need assistance with any aspect of immigration, hire an immigration legal services attorney for assistance.

A good attorney will push for equality for immigrants in all situations and provide the representation you need to overcome various immigration challenges, whether they pertain to discrimination or other issues. Some specific legal services you may receive from an experienced attorney include:

Assistance for Seeking Asylum

An attorney may help you seek asylum in the U.S. if you’ve experienced persecution or fear persecution in your country based on your gender identity, sexual orientation, or HIV positive status. 

Avoiding Deportation

If you face deportation from the U.S. for any reason, you may be able to turn to an attorney for protection to avoid it. An attorney may find a valid reason to defend against deportation and prove that you still qualify to remain a non-immigrant or a resident in the U.S. You can consult a local firm to find out specifically how an immigration attorney can help stop deportation.

Appeals

If you lost a case when appearing before an immigration judge, you may be able to appeal the judge’s decision. Specifically, you would need to go through either U.S. Courts of Appeals or the Board of Immigration Appeals. However, the appeals process requires you to act fast to successfully reverse any court decision.

Applying for Citizenship

If you are an LPR and have lived in the country for at least three years in a marriage or five years under other circumstances, you may qualify for the naturalization process and become a U.S. citizen. An attorney can help guide you through the naturalization process and inform you of the steps you must complete to successfully apply for citizenship.

An attorney may be able to provide various other services to help immigrants in nearly any situation, including protection in the event of domestic abuse or a violent crime, help with applying for different types of visas, and assistance with sponsorship for bi-national same-sex couples. 

Other Resources for Transgender Immigrants

LGBTQ immigrants also have access to many additional resources to assist them, in addition to immigration services lawyers. 

These resources include the following:

Selfsea

For transgender immigrants and other members of the LGBTQ community who need some support and assistance, the mobile app selfsea helps connect these individuals with many resources. Specifically, selfsea advertises itself as a peer-to-peer platform that can connect you with support, mental health resources, and more assistance from others. It’s essentially a refuge that provides individuals with a safe space to connect with others within the community.

Queer Detainee Empowerment Project

If you are emerging from immigration detention, the Queer Detainee Empowerment Project (QDEP) may help you get the services and support you need to successfully integrate into American society. In the process, this project can help you avoid issues related to discrimination and violence toward members of the LGBTQ immigrant community.

Immigrant Legal Resource Center

All types of service providers can provide competent services that support the LGBTQ immigrant community through the Immigrant Legal Resource Center (ILRC), specifically using this organization’s manual titled LGBTQ Immigration: Ensuring Equality for All. This manual and the information it contains can help ensure all service providers facilitate the integration of LGBTQ immigrants, including transgender immigrants and others.

Rainbow Railroad

Members of the LGBTQ community who experience any form of state-sponsored violence may seek help from Rainbow Railroad, which provides victims of violence with transportation to and within the U.S. and Canada.

Understanding Your Rights as a Transgender Immigrant

Immigration equality is crucial in helping transgender immigrants and others get the help and support they need when entering and living in the U.S. Transgender immigrants have the same rights as all other immigrants and can exercise them as needed.

Do Immigrants Pay Taxes?

Tax return forms and wage statements with a note saying Taxes Due. Concept of "do immigrants pay taxes"

Like other residents and citizens, immigrants living in the U.S. must generally pay state and federal taxes. Due to the varying legal statuses, many will wonder, “Do immigrants pay taxes in the U.S.?” U.S. Citizenship and Immigration Services (USCIS) put specific requirements in place for immigrants to follow and comply with the country’s laws and regulations. 

Tax return forms and wage statements with a note saying Taxes Due. Concept of "do immigrants pay taxes"

How Immigrants Contribute to the American Economy Through Taxes

Immigration affects the U.S. economy in numerous ways, one of which is through the millions in taxes that immigrants pay every year. According to the American Civil Liberties Union, immigrants pay over $90 billion in taxes each year while receiving a mere $5 billion in welfare. 

Undocumented immigrants also pay a lot in taxes, with the Institute on Taxation and Economic Policy finding that undocumented immigrants spend around $10.6 billion every year in local and state taxes alone. 

Other reports have found that immigrants work many hours in crucial jobs that help contribute to the economy and American communities. As a result of holding these jobs, immigrants are important contributors to the American economy and their respective communities by providing vital services.

While many also debate the impact of immigration on wages, the fact is that immigrants often take jobs that are different from most native citizens. Many scholars and experts argue that the reason for this is because of the specific comparative advantages between immigrant and native workers. Generally, with more immigrants entering the country and paying taxes, the average wage isn’t likely to change as long as immigrants and natives aren’t competing for the same jobs. 

Ultimately, if immigrants didn’t pay taxes in the U.S. or contribute to the economy in other ways, America’s economy would suffer in the long term. Immigrants help the economy flourish through the payment of different taxes in accordance with USCIS requirements.

What Are the USCIS Tax Return Requirements for Immigrants?

In most cases, under USCIS requirements, immigrants must pay a combination of state and federal taxes annually. In addition to current relevant tax forms, immigrants may need to obtain and complete other types of forms if they need to meet certain additional requirements.

Generally, you must file taxes in the U.S. if you’re a lawful permanent resident (LPR), an immigrant living in the country with a valid green card, or an immigrant with undocumented status.

Individuals who want to file taxes can easily obtain all necessary forms through the Internal Revenue Services (IRS) website and other relevant sources, including the USCIS website and their state government’s website. You can then print out the necessary forms and complete them. Immigrants can also complete them online and retain digital copies. In addition to tax forms, USCIS may require you to complete and submit other supporting documentation, including bank statements and proof of purchases and previous tax payments. 

If you need help determining how to file your taxes with the appropriate documents, you may benefit from speaking with a tax professional or immigration legal services attorney for additional assistance. A professional will be able to guide you in the right direction to help you maintain compliance with USCIS requirements and avoid potential issues that could result from failing to file taxes sufficiently and on time. 

If you fail to meet USCIS tax requirements, you could face certain consequences, such as fines, the inability to renew your immigration status, or disqualification from becoming a U.S. citizen.

Non-immigrant Statuses That Aren’t Required to Pay Taxes

While immigrants will need to pay taxes according to the current USCIS requirements. But, do migrant workers pay taxes? Do other non-immigrants pay taxes when not living in the U.S. as residents or citizens?

USCIS doesn’t require individuals in certain non-immigrant categories to pay taxes each year. These exceptions include the following:

  • Foreign nationals or diplomats with Category A visas 
  • Treaty investors or traders with Category E visas
  • Members of the North Atlantic Treaty Organization (NATO) or international organizations with Category G visas
  • Crew members on foreign aircraft or ships while under the employment of a foreign organization

In addition to these exceptions, some individuals may be exempt from paying Medicare and Social Security taxes while in the country completing USCIS-approved work. These particular exempt individuals include people in the country on J-1, F-1, M-1, and Q-1 visas, which may include scholars and students, along with trainees, researchers, and teachers. Non-immigrants will also be exempt from these taxes if they either currently live in the Philippines while conducting business in Guam on H-2 visas, or if they’re on an H-2A visa to enter the country temporarily for the purpose of performing agricultural work.

On the other hand, you may need to complete taxes under certain circumstances as a non-immigrant. Specifically, if you want to become an LPR or otherwise change your non-immigrant status, you may need to complete Form I-508, the Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities. 

If you don’t fall under any of these exempt categories, you will likely need to file annual income taxes and others with the federal, state, or local government. 

Which Tax Forms Are Immigrants Required to File?

If you are an immigrant in the country as a resident of any kind, you may need to complete various forms to file your taxes. These include the following:

Form 1040

One important form to file as an immigrant is Form 1040, the U.S. Individual Income Tax Return. This is the standard form that all U.S. residents and citizens must file with the IRS every year in the country. If you’re in the country on a green card, you must file this form.

This form requires you to provide information such as your name, social security number, filing status, income, digital assets, dependents, tax and credits, and payments, among other details.

Form 1040-NR

An alternative form to file with the government may be Form 1040-NR, the Nonresident Alien Income Tax Return. This form is a requirement for individuals who are nonresident aliens conducting business or trade within the U.S., those who represent a trust or estate that must file this form, or those who represent deceased individuals who would have needed to file this form while alive.

This form requests much of the same information as Form 1040, including filing status and contact information, digital assets, and dependents. Additionally, this form asks about any income earned in connection with U.S. trade or business. 

Students and scholars in the country will also need to file this particular form if they earn any taxable income while in the U.S.

Form 8843

If you are in the country on either an F or J visa, you will need to file Form 8843, the Statement for Exempt Individuals and Individuals With a Medical Condition. In other words, if you’re a scholar or student living in the U.S., you will need to submit this form even if you aren’t working under a domestic or foreign employer. 

Form 8843 is a specific type of document that USCIS requires you to file to obtain personal information about you and the nature of your stay in the U.S. Some items you’ll need to fill out in this form include general information such as your visa type and your country of origin, along with details about your stay as a teacher, trainee, student, professional athlete, or somebody with a medical condition or medical problem. 

How Do Undocumented Immigrants Pay Taxes?

In addition to immigrants and certain non-immigrants, undocumented immigrants must pay taxes while living in the U.S. if they collect any income. These individuals can file taxes in a few different ways, depending on their preferred method and circumstances. 

One way undocumented immigrants can file and pay taxes is to report all earnings via an Individual Taxpayer Identification Number (ITIN). Using this number, you can report all taxable income to the IRS confidentially. 

One of the main advantages of regularly filing taxes as an undocumented immigrant is that it may help your case if you want to become an LPR or citizen, as it helps show how you’ve intended to make an honest living in the U.S. and contribute to its economy.

Determining When to Pay Taxes

If you’re an immigrant in the U.S., you will need to pay taxes in most cases. However, if you’re a non-immigrant worker, student, or another individual on a different type of visa, you may be exempt from paying income taxes while still needing to complete other types of forms.

By adhering to USCIS tax requirements, you can remain compliant in the U.S. as an LPR, an immigrant in the country with a green card, or an undocumented immigrant. In turn, you can continue contributing to the American economy while earning an honest living in the U.S., whether you want to maintain the same status or seek to change it in the future.

What if You Get Fired on a Work Visa?

Fired male employee holding box of belongings in an office

If you get fired on a work visa, you will have a 60-day window to gain employment elsewhere, prepare to return to your country of origin or try to obtain another type of visa when possible. 

Fired male employee holding box of belongings in an office

While you might enter the U.S. on an H-1B work visa to gain lawful employment, certain circumstances could lead you to unexpectedly lose your job. The visa doesn’t guarantee job security. If you are suddenly unemployed and aren’t sure what to do next, you still have some options available to you.

Will You Be Deported if You Are Fired on a Work Visa?

Of the four types of immigration statuses, people in the country on H-1B visas do not have legal residency or citizenship. They must be in the U.S. to perform specialized work of some kind. Otherwise, their H-1B visa becomes invalid. If an H-1B visa holder loses his or her job, the individual could face deportation if it’s impossible to find work with another employer in a certain amount of time.

The Grace Period for H-1B Visa Holders

According to U.S. Citizenship and Immigration Services (USCIS), H-1B visa holders have the ability to stay within the country for another 60 days after losing their jobs. After that grace period expires, they face deportation. If your I-94 expires before the grace period ends, you will have until the expiration date to do what you can before facing deportation. Either grace period gives you time to take action before deportation takes place. 

During this time, you can do one of the following:

  • Find another job
  • Apply for a change of status
  • Voluntarily return to your home country

The grace period will begin on the day of termination or resignation. This means that once you’ve received an official notice of termination, the 60-day window will begin.

Rights for Workers on an H-1B Visa

Some H-1B workers may wonder what kinds of rights they have to their position with an employer. The fact is that the government labels non-immigrant work as “at will.” In these cases, if an employer has a legally valid reason to let an H-1B employee go, he or she has the authority to do so.

At the same time, you will have the right to the same treatment as other terminated employees, including access to certain benefits such as severance pay.

However, it’s important to note that if you lose your job and want to continue working in any capacity during your grace period, you won’t be able to start part-time work or any other unauthorized work.

How Can You Extend Your Visa?

If you want to stay in the U.S. and continue to work, you will either need to gain employment at another job after getting fired or apply for a change of status. 

If you cannot get a new job after a layoff, your best option would be to apply to change your status. A few different options are available to you if you choose this option, including applying for an H-4, B-2, or F-1 visa.

Popular Industries for H-1B Visa Applicants

If you decide to seek employment with another employer, some industries are more likely than others to sponsor you as an H-1B visa holder. Some examples of top industries for H1B visa applicants include the following:

  • Computer systems design and similar services
  • Scientific, management, and technical consulting services
  • Educational services
  • Engineering and architectural services
  • The tech industry
  • Insurance and finance

Many leading brands across various industries also hire many non-immigrant workers on H-1B visas. Some top employers hiring at this time include Amazon, Google, IBM Corporation, Apple, and Goldman Sachs, among others.

When Can I Begin Work if I Find a New Job?

You may manage to find work before the grace period ends. If this is the case, you can begin working for your employer once you receive a Receipt Number from USCIS. You won’t need to wait for the full 60 days to pass. For example, you may get a new job and receive your receipt 45 days into the grace period, at which point you can begin work immediately. 

Changing Status to Avoid Deportation

If you are unable to find work or simply wish to change your status instead, there are a few different ways to apply for a change of status. 

H-4 Status

If you have a spouse with an H-1B visa who’s still employed in the U.S., you may be able to change your status to an H-4 visa holder. This would make you a dependent in connection with your spouse. While you have H-4 status, you can continue looking for work without the looming grace period putting pressure on you to do so. 

Like other status changes, you should apply as soon as possible once the grace period starts to increase your chances of getting approved on time.

You may wonder whether you can gain employment and work with H-4 status during the grace period. While the government makes it clear that non-immigrants are unable to work during the grace period, you may still be able to gain employment if you have a valid H-4 visa at this time. Before making any decision on the matter, it’s important to speak with an attorney for clarification about your options. 

F-1 Status

In some cases, you may be able to apply for an F-1 student visa if you apply to a higher education institution, including a college or university. This will enable you to pursue an advanced degree or another degree before resuming looking for work.

B-2 Status

Another option is to change to B-2 tourist status, but this is normally difficult to obtain in this instance. The government doesn’t consider searching for a new job a form of tourism activity. Therefore, USCIS may not grant a visa unless you also have plans to travel. 

Another potential issue with this status is that even if you gain employment in the U.S. on this visa, you may need to visit your country of origin before obtaining another H-1B visa. Because of these inconveniences, it’s often best to apply for an H-4 or F-1 visa.

What to Do to Qualify for a Status Change

To stay within the country without applying for a new job, you will need to meet certain qualifications to change your status, whether seeking an H-4 or another status change. The following are different ways you can successfully stay in the country while temporarily out of work:

Marry a U.S. Citizen

While you should never get married to a U.S. citizen purely for visa purposes. However, you may have begun a relationship with someone in a citizen in the U.S. If you and your partner are prepared to get married, this is a good step to take to initiate the process of obtaining an H-4 or another type of visa as a spouse. Keep in mind that you will need to prove the validity of your relationship when applying for any type of family-based visa.

Become a Legitimate Tourist

You may have a hard time getting a B-2 visa if you intend to find work, which isn’t a tourist activity as USCIS defines one. However, you may be able to qualify for this visa if you plan on taking a vacation in the U.S. Whether you decide to travel to another location in the country or simply enjoy a vacation where you are, this would fall under the umbrella of tourism. In turn, you may be able to apply for a B-2 visa. However, USCIS may not allow you to be in the country with this visa if you intend to spend vacation time seeking employment.

Make a Large Investment

You may also be able to stay in the U.S. if you make a substantial investment in something like a business or new product. Large investments are typically those that go up to hundreds of thousands of dollars. You may be able to qualify for a visa even if you invest $100,000 or less, depending on the type of investment.

Voluntarily Leaving the Country

In the event you are unable to find work during the grace period or apply for another visa status, you have the option of leaving the country at your own volition before facing deportation. 

If you decide to leave the country, you can have your former employer cover the cost of returning, as long as you didn’t voluntarily quit your job. Employers must always offer to cover the travel costs for H-1B employees after firing them, whether the worker is going back to his or her home country or the previous country of residence. 

Can I Leave the Country Temporarily During the Grace Period?

You are authorized to travel outside the U.S. during your grace period. However, you cannot return during the grace period, as you no longer have a valid H-1B visa. Instead, you would need to take steps to get another type of visa that allows you to re-enter the country. While out of the country during your grace period, you can still continue to look for work or undergo the visa application process before re-entering.

Is It Possible to Use the Grace Period for Another Time?

You might be able to get work or change status before the grace period ends. If this is the case, you might be curious to know whether it’s possible to use any unused days from those grace periods for future purposes. At this time, it’s impossible to carry a grace period forward. It will only apply to the current situation.

Should I Work with an Immigration Consultant?

If you lose your job and want to find out what options are available to you afterward, you may consider turning to an immigration agency. However, there are potential issues that can come with hiring an immigration consultant over an immigration lawyer.

One of the main setbacks of working with an immigration consultant is that they don’t require any background or experience in immigration law. They may help provide certain services such as submitting your forms to USCIS and helping with completing these forms. However, they won’t be able to provide legal representation or legal advice. 

Another problem that you may experience when hiring an immigration consultant is fraud. Fraudulent agencies do exist, and they may attempt to take advantage of you by making promises or providing certain services that they cannot provide. For example, an agency may offer to provide representation at USCIS hearings, give legal advice for undergoing the immigration process, and assist with the naturalization process. These are all services that immigration consultants are unable to provide. Additionally, consultants may claim that they have direct connections to certain USCIS officials or other powerful individuals when this simply isn’t true and won’t help your case.

These potential problems make it important to do your research when seeking an immigration consultant. Instead, you may want to consult with an attorney to discuss your case.

How Can a Business Immigration Lawyer Help if You Get Fired on a Work Visa?

A business immigration lawyer has experience in immigration law, particularly issues pertaining to business immigration. An experienced and knowledgeable attorney will be able to provide legal services and guidance if you lose your job on a work visa. They can protect your rights and make sure you understand what you can do, whether it’s best to continue looking for work, seeking higher education and changing your degree, or taking another step. They’ll also be able to provide representation in hearings, unlike immigration consultants. 

Upon losing a job as an H-1B visa holder, you may still be able to gain employment, change your status, or voluntarily return home. Taking the right steps if you get fired on a work visa can help you avoid deportation once the grace period ends.

How to Check USCIS Processing Times Online

US Passports with wooden judge gavel on American flag on legal world

It’s now possible to check the USCIS processing times online through the USCIS website, providing applicants with a convenient resource to better understand the processing times for their cases. To use the new system, applicants simply need to enter their form number along with the office processing their case.

US Passports with wooden judge gavel on American flag on legal world

What Are the USCIS Processing Times?

Applicants can now check their case processing times via the USCIS website by simply entering the form number and the corresponding office handling the case. The USCIS processing time is the period of time it takes for the agency to process any type of case from the date the agency received the application. 

USCIS processes each case monthly based on when it’s received, and the processing time displayed is derived from data gathered over the previous two months. To help improve the accuracy, comprehensibility, and timeliness of case processing time postings, USCIS has been testing a new calculation method for developing case times for many forms.

How to Understand Processing Times

Individuals can check processing times for forms such as those used for petitioning immigrant relatives. USCIS displays processing times as a range. The first number in the range is the median amount of time needed for the completion of half of the cases. The second number displayed is the time needed to complete a majority (93%) of cases.

According to USCIS, processing times for cases are based on data analyzed from the previous month unless the “notes” section for the form specifies otherwise. USCIS tries to update most processing times every month to keep them consistently up-to-date.

The agency calculates processing times based on the data collected from previously completed cases and is unable to project the amount of time it will take to complete cases from the moment of filing.

How to Find the Information on the Form to Enter Online

When checking processing times online, applicants can reference the details on their forms and enter them on the USCIS website. The form number is the first item that’s needed, which is visible at the top of the form in the box labeled “Form Type” or “Case Type.” The other detail needed is the office, which will be listed at the bottom of the form.

Checking processing times online can enable applicants to accurately determine how long it will likely take to complete their immigration cases.

How Long Does Chicago USCIS Processing Take?

Similar to other locations across the U.S., there isn’t a specific amount of time you can expect the USCIS to process your application in Chicago. Generally, it will take around six months on the low end of the scale, but it can take as long as 30 months to process an application. Chicago USCIS processing times ultimately depend on the specific type of application and the nature of the case.

The more prepared you are ahead of the application process, the sooner you’ll ensure the USCIS processes your application. However, USCIS processing times can vary greatly depending on various influencing factors. 

Which USCIS Office Is the Fastest?

You might want to file with a specific USCIS service center to expedite processing, but the fact is that you won’t necessarily find faster processing times with specific offices. Remember, there are many influencing factors that can lead to a longer processing time. The location is merely one of many of these factors.

Most service centers have average USCIS processing times ranging from around six to 13 months. One of the fastest is the Nebraska Service Center (LIN or NSC), which has an average processing time of six months. However, there’s no guarantee that going through this center will speed up the application process.

Wait times are inconsistent and can vary greatly, depending on the circumstances. 

Why Is USCIS Taking So Long to Process?

Computer monitor with sticky notes explaining USCIS processing times.

If you’re wondering why USCIS is taking so long to process your application, there are several factors that can influence the amount of time it takes. The following are some of the key factors that go into USCIS processing times:

Visa Availability

The main influencing factor is the type of visa you want to receive. For instance, the I-131 processing time will differ from I-130 processing times, as they have different criteria.

People who are beneficiaries of employers or families will often see more extensive visa backlogs under these preference categories. Also, some specific types of beneficiaries and citizens of specific countries may need to wait longer because of the circumstances revolving around their application processes. Knowing how to check USCIS processing times can help you determine where you stand regarding the amount of time you’ll need to wait.

Varying Regional Processing Times

Processing times also vary depending on the specific region. Some offices are busier than others and have to handle a larger number of applications. As such, the amount of time you need to wait may depend on the specific area you’re applying in. Keep in mind, there’s no guarantee you’ll find faster times in other regions. Even if a location tends to offer faster processing times, these trends could change and wait times could extend.

Separation of Immigration Files

If a case involves multiple beneficiaries, this could entail separate filings with varying processing and citizenship times. For instance, the process will be different for sponsoring children and parents. At some point during the case, immigration files may become separated, leading to delays for certain individuals. 

Continuing Disruptions from COVID

While the COVID lockdown has ended, the effects of the pandemic continue to impact USCIS operations and have led to delays for many applications. The fact is that the government is still recovering from the effects of COVID, but things will become more streamlined once everything is in order. However, this change will still take some time.

Sending Documents to the Wrong Address

In some instances, issues can involve the wrong address with USCIS. For example, you may have moved since you initially filed with USCIS, in which case you would have to notify USCIS of your address change to ensure all documents go to your new address. Sometimes people may also simply provide USCIS with the wrong address, making it important to ensure all contact information with USCIS is consistently accurate.

If you believe USCIS has the wrong address on file, you can contact your office to confirm whether this is the case. You can then give the office your correct address to resolve the issue.

Inadequate Responses to Requests for Evidence (RFEs)

When applying for a change in immigrant status, you must submit a request for evidence at some point. Failure to respond to RFEs in a timely manner or correctly submit the corresponding forms could result in a delay.

How to Deal With Longer Processing Times

In addition to checking the processing times for your case, you can take other steps to deal with delays in processing. For instance, you could:

  • Ask USCIS about a potential opportunity to speed up the processing time for your case
  • File using premium processing if you qualify for this service
  • Reach out to a congressional representative for assistance with expediting the processing time
  • Contact USCIS to submit a service inquiry
  • File mandamus actions against USCIS in more extreme cases

An immigration attorney may be able to help you decide on the right steps to take regarding your case. You may find that you have the option of expediting processing times, or you may simply need to wait until processing completes. 

What Can You Do if Your USCIS Office or Form Type Doesn’t Appear?

When visiting the USCIS processing time webpage, you might discover that you can’t find your specific form or office. If this is the case, you can file an inquiry with USCIS if your case sits in pending status for over six months. 

If you’re unable to locate your form type or office, keep in mind that USCIS is continually adding processing times for all offices, forms, and categories. The agency is working to update its website, meaning you may be able to see the forms and offices pertaining to your case at some point after filing your application.

Tips for Getting Through Processing

While there are only so many actions you can take to expedite processing with USCIS, you can get through this process more easily by taking some things into consideration. To help you cope with longer wait times when there’s no other option available, the following are some helpful tips:

Sign Up for Email Notifications

USCIS allows applicants to sign up on its website and create an account. Through this account, you can sign up for email notifications that provide automatic updates on your case, including changing statuses. Taking this step will help keep you regularly updated on the progress of your case, so you’re never in the dark.

Practice Patience

Remember, you’re not alone in waiting for long periods of time to complete the immigration process. Some people are likely going through the same struggle, and others may have even longer wait times. Remaining diligent and patient will help you get through the processing time as you work toward your goal of becoming a U.S. resident or citizen.

Avoid Comparing Yourself to Others

Even if you find that other people applying under the same circumstances of you see faster processing times, it’s important to understand that certain factors may have affected their cases differently. Just because someone benefits from a faster processing time than you doesn’t mean the government favors them over you. Some fairly random factors may have played a part in expediting their application process.

Immigrant Adaptation to American Culture

A happy couple holding an American flag.

Immigrants who are new to American culture may be unsure about how to adapt, but there are some ways to make integration easier as they settle in as residents or naturalized citizens. Certain customs and language barriers are potentially stressful challenges, but there are some steps that immigrants can take to overcome them.

A happy couple holding an American flag.

To help make immigrant adaptation to American culture and make the transition into a new world less difficult, the following are some specific tips to keep in mind.

Adapting to American Culture

Immigrants adapting to new culture may worry about changes in customs and lifestyle, among other aspects of the new culture. However, taking the right approach and giving yourself plenty of time to adapt can help ease the transition to American culture. 

Some small and specific tips for adapting to the culture in the U.S. may include:

Remaining Optimistic About the Transition

Moving to the U.S. as an immigrant comes with many changes, whether here on business or as a long-term resident. Immigrants will need to adapt to spending a long time away from friends and family, along with other aspects of their home country that might differ from their American destination. It can be challenging to adjust to this change, but it’s all part of the process of starting a new and exciting life.

It may feel like a big change that individuals may be afraid to make, but the fact is that they will still be able to see their loved ones while starting a fresh new life in America. Many immigrants even wind up bringing their families to the U.S. once they’ve had a chance to establish themselves.

It’s best to look at these changes as a positive thing, as immigrants can still be themselves as they navigate a new environment that can benefit them in many ways. Immigrants moving to the U.S. will have the chance to develop a career that makes them happy, a comfortable lifestyle, and healthy relationships that make the move worthwhile.

Taking the Time to Assimilate the Culture

It may require some patience and ample time, but it’s important for Chicago immigrants to take steps to gradually integrate into the culture. This entails learning English and other languages that are commonly spoken in the U.S., along with getting used to local customs such as greetings and general interactions. There are many ways to approach learning the language and local culture, from taking free online courses to practicing with people regularly. 

Immigrants should avoid closing themselves off and isolating, as this can only make it harder to integrate and take full advantage of what the culture has to offer.

Exploring Your Neighborhood

One way to absorb the American culture when new to the U.S. is to wander around your area. Depending on where you reside in the country, the subculture could be considerably different. For example, life on the east coast might be different from life on the west coast. Certain cities also have different cultures. 

Getting to know your area and its inhabitants can give you a better sense of what to expect in your neighborhood as you adapt to a new way of life.

Enjoy American Food

Another step you can take to get into the American culture is to try various American dishes. Visiting and ordering from local restaurants in your area can expose you to many new tastes and local flavors. The cuisine can also vary greatly from state to state and city to city, making it ideal to try different dishes that broaden your tastes.

Share Your Own Culture With Others

As you connect with American citizens, don’t shy from sharing your own experience. People around you may find your story fascinating and give them some insight into how you’re adapting to American culture. Based on your unique experience, people may be more accommodating and eager to introduce you to different aspects of American culture. For instance, people may recommend specific places to visit to give you a better sense of American life, or they may suggest certain TV shows or films to further help with this.

Remembering That There Are Many Others Facing the Same Situation

Immigrants in the U.S. are far from alone. There are millions of immigrants in the U.S., with 22.5 million legally registered refugees who were forcibly uprooted from their home countries, according to data from the United Nations High Commissioner for Refugees (UNHCR). Whether in the U.S. voluntarily or out of hope for a brighter future as a refugee, immigrants share many of the same struggles and adjustments as they seek to integrate into American culture.

It can help to remember that many fellow immigrants are experiencing a similar situation, which can add a sense of camaraderie as they settle into the U.S.

Avoiding Judging Others

Immigrants adapting to American culture may find the changes to be extreme, to the point where they may want to resist those changes. However, it’s best to keep an open mind and avoid placing judgment on others. Understanding how others live and their culture can make it easier to transition without causing any loss of identity.

Knowing That It’s Okay to Make Mistakes Along the Way

With so many differences between American culture and others, immigrants may make mistakes when it comes to communication and interactions, but this is expected with any new experience. For instance, some may have a way of greeting others in their home country that is considered unusual or incorrect in the U.S. People are often forgiving and take these errors in good humor. 

Over time, mistakes will become less common until they’re rarely made. Even if they’re still made from time to time, people will likely overlook them.

Taking all of these steps can help immigrants make the most of their move to the U.S. There are certain hardships that immigrants may fear, but by practicing diligence, open-mindedness, and patience, immigrants can have an easier time adjusting to what may seem to some like a very alien culture. With the right mindset and proper precautions, immigrants from all walks of life and locations across the globe can find a rewarding experience waiting for them in the U.S. Staying open to change is key to making the transition less challenging as they adapt to this new culture.