All posts by Fong Ilagan, LLP

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How to Become a Naturalized Citizen in the U.S.

April 25, 2023

Understanding the Steps Necessary to Become a Citizen through Naturalization

There are two basic ways to become a citizen of the United States. You can become one at birth, which means that you were born here or born to a parent or parents who were citizens at the time of your birth, or you can become one through naturalization. Naturalization is the process individuals born outside of the U.S. use to become citizens.

At Fong Ilagan, we are experienced naturalization attorneys. We work hard to ensure that our clients receive the best possible outcome in their cases. We know the naturalization process can be challenging, but we are here to help.

If you or a loved one are seeking to become a naturalized citizen in the U.S., contact our office online or call (713) 772-2300 to schedule a confidential consultation.

How Do I Know If I Am Eligible to Become a Naturalized Citizen?

The U.S. Citizenship and Immigration Services (USCIS) provides a 15-question eligibility worksheet to help individuals determine whether they should apply for naturalization.

To be eligible for naturalization, you must meet the following criteria:

Be at least 18 years old;
Be a Permanent Resident of the U.S. and have been issued a Permanent Resident Card;
Have been a permanent resident for at least three or five years (depending on which naturalization category you are applying under);
Have the ability to read, write, and speak basic English;
Know the fundamentals of U.S. history and government; and
Be of good moral character.

These are only a few of the requirements to be considered for naturalization. There are several things that may make you ineligible for naturalization, such as if you have deserted the Armed Forces, if you are unwilling to take an Oath of Allegiance to the United States, or if you have spent too much time outside of the United States since becoming a Permanent Resident.

Because the path to citizenship can be difficult, it is important to discuss your case with a Houston naturalization attorney as early in the process as possible.

What Are the Steps to Naturalization?

There are multiple steps to naturalization. Foremost, you need to determine if you are already a U.S. citizen. Next, you will need to see if you are eligible for naturalization. If you are eligible, you can prepare and submit your application for naturalization (N-400), but you need to pay your fees.

In most cases, you will need to go for a biometric screening before completing a formal interview. The interview is the final step in your naturalization process before a decision is made. It is important that you prepare for your interview to increase the chances that your request is granted.

If your N-400 is granted, you will receive a notice of where and when to take your Oath of Allegiance. The Oath of Allegiance will take place at a naturalization ceremony. You are not considered a U.S. citizen until you have taken the oath, turned in your Permanent Resident Card, and received your Certificate of Naturalization. Naturalization attorneys are here to assist with this process.

Do I Need a Naturalization Attorney?

It is strongly recommended that you consult with a naturalization attorney before submitting an application for naturalization. Even a simple error in the paperwork can result in lengthy delays or a denial of your application. An attorney can help ensure that all deadlines are met and that your request is filed timely following the right procedures.

Hoping to Become a U.S. Citizen? Contact Our Office Today.

If you are hoping to become a U.S. citizen through naturalization, contact our office online or call (713) 772-2300 to schedule a no-obligation consultation. All immigration case evaluations are confidential.

Your path to citizenship begins here. At Fong Ilagan, we can help you understand your rights and ensure that your naturalization application is filed on time and in the right jurisdiction. Call now to get started.

Tips and Preparation for a US Visa Interview

April 25, 2022

By:Fong Ilagan, LLP

Applying for a visa in the United States is rather similar to applying for citizenship. The process can be lengthy and arduous. Just like applying for citizenship, visa applicants will undergo an interview when they arrive at the consulate. If you are new to the process, it is important to familiarize yourself with this part of the application. To help you prepare, we put together some important tips that are guaranteed to help you in your interview.

Clearly Explain Your Ties To Your Home Country

When applying for a United States visa, a consular officer will likely question your reasons for returning to your home country. In this case, you have to make your reasons clear and show that they are stronger than remaining in the United States, where you would be considering an intending immigrant. Strong ties to your home country can include family, financial prospects, investments, and similar reasons.

Come With All The Necessary Documents

Even if you have sent over documentation when you applied, a consular officer will still expect you to come with important written documents. These written documents should be clear to the officer and you must quickly explain what they signify. You should even come prepared with copies in case they are requested or needed when reviewing your application.

Expect The Interview To Be Conducted In English

Even if the consulate is located in your home country, you should come prepared and anticipate that they will be communicating with you in English. Officials recommend that you practice speaking in English or holding a conversation in English with a native English speaker prior to your interview. If you are coming to the United States solely to study English, be able to explain how speaking the language will be useful in your native country.

Be Ready To Discuss Credentials

While it may seem odd to be questioned heavily on credentials, applications for visas are very dependent on one’s credentials and qualifications. When answering these questions, focus on explaining that your credentials meet the legal standards for admission into the visa program you are applying for. It is also recommended to not become too technical as consular officers will not know everything about the institution or work you are going into.

Know What You Are Applying For

If you cannot explain how a visa program benefits you and your professional goals, you will most likely fail at being able to move forward with your application. You must be able to explain how either working or studying in the United States directly benefits your future professional career, whether you plan on pursuing it in your home country or in the United States.

Be Straightforward And Concise

You won’t have too much time when being interviewed. Oftentimes, consular officers have many other applicants to meet in one day, so you need to be straight to the point and concise with your responses. With that being said, you have to also be able to make a good impression during the first couple of minutes of your interview.

Keep Documents Short, As Well

When explaining and going over your documents, you also have to be short and straight to the point. Similar to when an employer is scanning a potential employee’s resume, you must be able to explain each document between a sentence or two. You may have, at most, three minutes of interview time, so you should keep this part of the interview as short as possible.

Be Prepared To Discuss Dependents

Discussing your dependents can very much support your reasons for returning to the United States after your visa. Additionally, you must explain how dependents remaining at home will be able to support themselves. This can be a tricky area in the process of applying for a visa, especially if you are the primary source of income for your family. If your family decides to join you later, this can help your application for a visa.

Keep A Positive, Professional Attitude

Even if the interview doesn’t go as planned, it is always best to keep your cool and maintain a positive attitude. You never want to engage in an argument with a consular officer, much less instigate one. If you are denied a visa, you can ask the officer for a list of documents you can use to overcome the refusal and request the reason you were denied in writing.

Prepare With The Best, Contact Fong Ilagan

At Fong Ilagan, we provide comprehensive services to support you in your endeavors in the United States. To get started with our services, you can contact us today and schedule a consultation with an attorney.

The Citizenship Exam: How to Prepare and What to Study

February 11, 2022

By:Fong Ilagan, LLP

As part of the United States naturalization process, applicants must pass a citizenship test. The test is broken up into four different components. It may sound overwhelming, but by being wise with your time and studying every moment you can, you’ll be able to pass the test. We discuss many ways you can prepare and what exactly you can expect to see on the test.

Find Helpful Study Materials and Resources

On the USCIS (U.S. Citizenship and Immigration Services) website, you can find plenty of resources to practice for the civics portion of the test. The website also has resources to strengthen your English skills and to practice the oath of allegiance. There are many other websites online that provide free programs and study materials for you to use and prepare with.

Take Practice Tests

Just like we mentioned, you can find plenty of practice tests online. One thing to be aware of is that some of these games may be a bit outdated, but they are still good practice. On many websites, you will be able to find common questions that are guaranteed to be on the test. You can practice with any method that best helps you.

Divide Your Studies by Subject

The naturalization test has several portions to it, one of which is civics. The civics portion itself is then divided into different categories which consist of history, government, geography, symbols, and holidays. You should treat each of these categories as a different subject when you are studying for your test. This helps your brain to organize this knowledge and make it easier to remember during the test.

Use Different Kinds of Media to Retain Important Information

Even if you are studying the same content, using different mediums of practice materials will better train your brain to retain the information. For example, you could listen to audiobooks, watch video lessons, or read all the same information if it means helping you to remember what you will need to know for the test.

What Will Be on the Test

As we mentioned previously, there are different categories to the test. There is plenty of content that you will be tested on, which is why it is important that you take the time to study. Not only do you want to study, but you want to make sure you feel confident enough to take and complete the test. We briefly discuss the different components that you must complete on your test.

Speaking Test

For this part of the test, you will be asked questions regarding your citizenship application and eligibility. The purpose of this test is to evaluate your English-speaking and comprehension skills. So in addition to learning U.S. history and geography, you have to know English just enough to be naturalized. Although, you will not be expected to understand every word or phrase on your application.

Reading Test

For this portion of the test, you will be given a tablet. Sentences will appear on the tablet and you will be asked to read them out loud. You will be asked to read a total of three sentences aloud. You may be asked more until you’ve read three successfully. The USCIS website provides a complete list of vocabulary words that are used on the reading test. You can look through the vocabulary as you prepare for your test.

Writing Test

To complete this portion of the test, you must write one of three sentences correctly. You will be asked to write the three sentences as an officer reads them out loud to you. You will use a digital tablet to write the sentences on. The USCIS also provides a list of vocabulary that will be used for this part of the test.

Civics Component

During the last component of the test, you will need to demonstrate sufficient knowledge and a basic understanding of U.S. history and government. There is a total of ten questions, but of those ten, you must be able to answer six of them correctly. An officer will randomly select questions, read them aloud to you, and stop the test once you have been able to answer six questions successfully. You will be allowed to phrase your answers in any way as long as they are correct.

Team Up with an Immigration Lawyer to Get Started on the Naturalization Process

One of the best ways to prepare for a citizenship test is to work with an immigration lawyer. An immigration lawyer will guide you from start to finish. If you want to start the process of naturalization, you can contact the professionals at Fong Ilagan and schedule a consultation, today.

Important Terms and Definitions to Know in Immigration Law

December 16, 2021

By:Fong Ilagan, LLP

The immigration sector of law is ever-changing. As decades and even centuries of immigration have gone by, laws have changed and legislation has brought new laws into the picture while others have been overridden. With so many new reforms coming into the picture, more immigration terms and phrases make their way as well.

For the most part, people are familiar with terms such as “green card” or visa, naturalization, adjustment of status, and several others. But there are many other terms that might not be used as often but are still very important to know considering they can be used in any case at any time. We run through a quick list of terms that are often misleading or misused that way you can better understand the context they are used in.

Amnesty (Legalization)

The Immigration Reform and Control Act (IRCA) of 1986 was often referred to as an “amnesty,” considering it included more conditions and longer time periods depending on an immigrant’s status. Amnesty is an older term for legalization, which is why it may cause confusion in different cases. There has been some debate regarding which term is the appropriate term, as each one may pose negative connotations to either the supporters or opponents of the act.

Deportation (Expulsion) vs. Extradition

These two terms are known for being used interchangeably, but they do not mean the same things. Extradition is used when a criminal suspect held by one government is relocated to another government to go to trial. If a suspect has already been tried and found guilty, that is when they are deported; this is also known as the process of expulsion. With that being said, extradition and expulsion are two different terms.

Immigration and Customs Enforcement (ICE) vs. Customs and Border Protection (CBP)

Both organizations play a critical role in immigration law and in the modern-day activity of immigration, but they both have different responsibilities. Immigration and Customs Enforcement is an agency that conducts enforcement and removal operations regarding immigration violations. These officials also investigate crimes that involve the crossing of the U.S. border.

Customs and Border Protection oversees and protects the border and ports of entry. This agency is also charged with regulating trade and commerce operations across U.S. borders.

“Merit-Based” Immigration

This term is used in various immigration systems that select immigrants for permanent residence based on the overall characteristics, as opposed to other ties such as familial relationships. This term includes a form of a point system, allocating points to a prospective permanent resident based on their age, language skills, and education. Those who meet desired specifications may apply to immigrate and reside in the United States legally.

Asylum Seeker and Refugee

An asylum seeker is what an individual is called before they become a refugee if they are accepted into the United States for asylum. Asylum seekers are individuals who come to the United States for protection due to fear of persecution in their home country on account of race, religion, nationality, and other factors. Once an individual is accepted, they become an asylee.

Once an individual is residing in the United States to be protected from their home country they become a refugee. The United States accepts a designated number of refugees every year.

Temporary Protected Status

This status can be granted to individuals who are from a country that is no longer deemed safe to return to due to conditions such as military conflict, natural disaster, and other scenarios. This does not provide a direct path to a green card but it also does not prohibit individuals from applying for permanent residency.

Unaccompanied Migrant Children

Children who have illegally crossed the United States border without an accompanying adult are considered unaccompanied migrant children. In recent years, studies and trends show that unaccompanied children are crossing more than they ever have. If they are apprehended, they are transferred to the Office of Refugee Resettlement with the Department of Health and Human Services.

Quota System

A quota system is that which limits the number of immigrants that may enter the United States every year. These limits are based on nationality or where immigrants are coming from.

Learn News and Updates in Immigration Law with the Professionals at Fong Ilagan

It doesn’t matter where you are at in the process of legalization or what your citizenship status is; understanding immigration law can help you in the long run. Have questions about your case? Need legal assistance? We’re here to help. Contact us today to learn more about how we can help you.

FAQs About Naturalization Answered!

November 1, 2021

By:Fong Ilagan, LLP

Year after year, the U.S. receives millions of applications for naturalization from all over the globe. There are myriad reasons for why people seek citizenship and naturalization, but many of those seeking will naturally have many questions. At Fong Ilagan, we’ve fielded many of these questions from applicants looking to naturalize and have addressed some in our latest blog here!

How Long Does The Process Take?

Currently, the application processing portion of the naturalization process takes anywhere from 14 to 15 months on average. The overall time from application to full citizenship can take anywhere from 18 months to over 2 years, depending on myriad factors involved.

Unfortunately, if you plan on applying for naturalization, you should expect to wait quite a while before the process is complete. There are some factors that could make the process quicker, like avoiding errors in the application and the applicant’s current residence, among others.

Is A Lawyer Necessary?

Strictly speaking, no, a lawyer is not necessary to complete the naturalization process. You can file USCIS forms on your own, and you can even submit your documents online. However, it is normally advised that applicants at least consult an immigration lawyer to receive more information and specialized assistance.

The reason for hiring legal guidance or assistance is that the immigration has many wrinkles and complexities that a lay person simply won’t have access to. Mistakes in the application process can delay the completion of the process or even mess up your chances altogether. Our team at Fong Ilagan can walk you through the process and provide key bits of information to put you in the best position to succeed.

Can I Live In The U.S. And My Home Country With A Green Card?

To qualify for citizenship, you have to demonstrate that you have resided in the United States continuously for at least 5 years. If you live in your home country, then you will not be able to qualify for citizenship. You can visit your home country or other places during this 5-year period, but staying in another country for longer than 180 days may mean the 5-year period has to be reset.

How Many Times Can I Apply For Naturalization?

There is no limit to how many times you can apply for naturalization. Contrary to the beliefs of some, you can always retry your naturalization application if the previous one doesn’t work out. Here an experienced lawyer is crucial because they can point to any mistakes you may have made previously and help you correct them in the future.

However, the application fee will need to be provided each time you submit a new application. This is another incentive to put your best foot forward on the first application, rather than risk having to pay for multiple applications.

Is The Process Expensive?

The current fee for naturalization comes out to $725. This can be broken down into $640 for application processing and an additional $85 for biometric services. While this is considered expensive for many, there may be some ways to request outside financial assistance from various organizations. Additional costs may arise from legal fees should you use a lawyer during the process.

Choose Fong Ilagan For Your Naturalization Application!

Still have more questions about the naturalization process, or are looking to get started? We’d love to help! Contact us today to receive more information and speak with our immigration attorneys!

How the Wellton 26 Tragedy Impacted Our Nation’s Immigration Policy

August 13, 2021

By:Fong Ilagan, LLP

There have been several stories about people crossing from the Mexican side of the U.S.-Mexico border, describing what their journeys were like. Many of these stories result in tragic endings, but in others, some immigrants successfully make their way into the United States and built a life from that point on. One of the most famous immigration cases was that of the Wellton 26, which took place in May 2001.

A Brief Introduction to the Wellton 26 Tragedy

“The Wellton 26” is the name given to a group of about 26 men who crossed from Mexico into the Arizona desert in the summer of 2001. Only 12 of the 26 survived. The 14 who did not survive died due to heatstroke. The Coyote who was guiding this group of men lost his way and was leading the men into a land he was unfamiliar with. This left the group to travel longer than they anticipated.

This story surfaced in headlines and the news spread all across the United States and Mexico for months after the incident. The case was significant for several reasons, one of which highlighted the dangers that immigrants encounter in the attempt to cross into the United States.

Many people, including United States officials, grew mixed emotions about border policy. It was difficult to provide a solution that would both serve immigrants while also honoring immigration law. The Wellton 26 case was so influential that it would forever shape immigration law and policy. With that, let’s take a deeper dive into the aftermath of the Wellton 26 and how immigration played out in the United States.

More Deaths in the Attempt to Cross the Border

All of the men who made up the Wellton 26 were from Veracruz, Mexico. As the news reached Mexico, the people of Veracruz honored the 14 fallen men, calling them martyrs, paving a way for other Mexican natives that attempted to seek a future in the United States. The fear and tragedy surrounding the Wellton 26 did not stop people from crossing the border. In fact, immigration shot up dramatically since 1995 and it wasn’t going down any time soon. But as the rate of immigration rose, so did the deaths in the attempts to cross the border. In 2001, more than 400 people died crossing the U.S.-Mexico border.

Operation Gatekeeper “Led” to These Deaths

Shortly after the Wellton 26 incident, immigration activists blamed the deaths on Operation Gatekeeper, which was a policy that went into effect during the Clinton administration. It aimed to halt illegal immigration at the U.S.-Mexico border, primarily targeted at the border near San Diego, California. This forced immigrants to cross into more remote areas, making their journeys treacherous. Activists were outraged with the loss of life as a result of the Wellton 26 considering these men traveled in the heat for days on end without water or any other resources. This left reformists stuck in a rut, considering there had to be some kind of immigration law to abide by.

Survivors Were Granted Legal Status to Work in the United States

The men that did survive were granted legal status to reside in Phoenix, Arizona, and also gained employment. They were only given these rights if they had testified against the Coyote who smuggled them in—and they did. In fact, the government went as far as promising that they would never have to work in the sun, so they found jobs in plants and factories, but some of the men never fully recovered from the damage done by the extreme exposure to the heat and the sun. This affected some of the men’s ability to work.

Placing the Blame on Coyotes, Immigration Policy, and More

As the surviving men of the Wellton 26 identified the Coyote that smuggled them in, Jesus Lopez Ramos, he was taken to court against the United States. This left people wondering where the fault really lied. Fingers were pointed at the United States government, at the Coyote, at the gang the Coyote worked for, and at Mexico. Jesus Lopez Ramos was ultimately found responsible for the death of the fourteen men of the Wellton 26.

Learn More About Immigration Law with the Experts at Fong Ilagan

There is so much to immigration to know about and the Wellton 26 is just one of the many stories. Immigration can be a difficult process, but going about the legal process with the help of a lawyer can make your goals possible. We want nothing more than to help you gain legal status in the United States. If you’re ready to take on the process, contact us today.