Category Archives: Blog

Differences Between Permanent Residency vs. Citizenship

June 22, 2022

The American passport is one of the most influential ones to own worldwide. U.S. Immigration statistics show that nearly 860,000 green card holders apply for U.S. citizenship.

Considering the number of people who travel to the U.S. for business or personal reasons every year, many want to apply for citizenship. Becoming a permanent resident is a dream for many visitors.

Fortunately, there’s a wide range of different legal statuses that people may have in the U.S. The most common ones include permanent residence and citizenship.

Most people think these two legal statuses are the same in regions like Huston, TX, and other areas of the United States. However, there’s a profound difference between the two that we will mention in this article.

Permanent Residency vs. Citizenship: Differences To Consider

There’s a wide range of differences between having a permanent residency and being a citizen of the United States. Here are a few things you should keep in mind.

What is a Legal Permanent Resident?

A permanent resident is a person who holds the right to stay in the United States for an indefinite period. These residents have the same rights as citizens (more or less) along with most privileges.

For example, you can work in the U.S. as a permanent resident without legal issues. Depending on your niche, you can run a personal business or work with a company.

Most permanent residents get an “alien registration card” known as a green card earlier. The card used to be green, which is why people called it such.

However, a green card is powerful enough to prove your eligibility for a job. You can apply for employment opportunities with a green card or an alien registration card.

Can Permanent Residents Travel Out Of The U.S.?

The U.S. allows residents to travel to any area outside of the United States. However, all travelers should have a valid “alien registration card” when re-entering the U.S.

Additionally, all residents should ensure their passports do not expire before returning to the U.S. They can apply for a passport renewal in the American Embassy and have an unexpired passport for a secondary country.

Permanent residents must meet all the admission criteria back into the U.S. they met when first applying for permanent resident status. It can include certain law violations, such as health concerns, criminal records, false claims of U.S. citizenship, etc. Other severe offenses may include instances of terrorism, public charges, etc.

What Can A Permanent Resident Not Do?

There are a few things that permanent residents cannot do. One such example is the ability to vote. Individuals with permanent residency status cannot participate in the elections. Additionally, people with U.S. legal citizenship can vote in the presidential elections.

Is Permanent Residency Valid Forever?

The permanent residency makes the immigrants legal in the United States as long as they do not commit serious crimes or other legislative violations. People who violate these rules can be deported and banned from the U.S. permanently and may lose their residency status.

Additionally, some traveling scenarios may have the same result for the immigrants. For example, some people may lose their permanent residency status because of staying out of the U.S. for more than their designated period. The allotted period is six months at a time.

The immigration department authorities will assess your situation and determine your status. There are two scenarios in this case:

The permanent resident has abandoned their permanent residency in the United States.
The individual cannot return to the U.S. on time for personal reasons.

Additionally, individuals who remain out of the U.S. for a year or more no longer hold a permanent residency. They need to re-apply for permanent residence and meet the requirements again.

However, a legal attorney can present your case to the American Embassy and defend it against the immigration authorities.

What Responsibility Does a Permanent Resident Have?

A person with a permanent residence has some responsibilities they will need to uphold.

These include:

Filing the U.S. tax returns as a permanent resident in the U.S.
Abide by all the laws and regulations the government sets in their state.
Sign up for the Selective Service (applicable for males and females between the ages of 18 and 25)
Support the government by all means.
Notify the USCIS about any changes in residential address.

Get Information with the Best, Contact Fong Ilagan

There’s a profound difference between a citizen and a permanent resident in the U.S. Understanding your rights and responsibilities depend on your immigration status in the U.S. Individuals facing immigration problems should reach out to a professional law firm.

Our immigration lawyers at Fong Ilagan are more than happy to help people looking to apply for permanent residence or defend their case against embassy authorities. We have an expert team who will assess and resolve your situation to protect your U.S. citizenship or permanent resident status.

Reach out to us today!

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.

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!

What You Need to Know Before Traveling to the United States

June 17, 2021

By:Fong Ilagan, LLP

If you are traveling to the United States for the first time, especially under immigrant status, there are many things you need to know about what traveling will look like for you. If you have a visa or were granted citizenship, you have completed the hardest part. Traveling with your immigrant status is not difficult, it just presents several duties that you must take care of and tend to. If you were granted a visa, you should have been given a packet that has documentation regarding your immigration file, which is to be used when you travel internationally. This is one of many things you will need to take care of during your travels. We provide a quick rundown of what to expect that way you stay aware of what the process will look like.

Check the Expiration Date on Your Passport

Although you might feel sure of the validity of your passport, you can never be too sure. The validity of your passport can depend on several factors. For most travelers heading to the United States, you must have at least six months remaining on your passport for it to be valid. Anything less may not pass, even if you have not approached the expiration date on it. Citizens from certain countries may only need a passport that is valid for the length of their stay. You should check the government website for your country of residence to see which rules apply to you.

Know The Rules of Your Visa

Since there are different visas issued to immigrants, there may be different regulations and rules to follow. There is a program that travelers can apply for called the Visa Waiver Program, which allows them to travel without a visa if they are there for traveling or tourism purposes for up to ninety days. If you want to travel under this program, you can apply for authorization through the Electronic System for Travel Authorization (ESTA). Any travel that goes past ninety days will require a visa.

For Traveling via Airplane

Familiarize Yourself with the Rules of International Travel

If you are traveling by plane, you must be cleared by U.S. Customs to board your flight. This means they will also check your visa status to ensure that you fulfill it. Your first port of entry into the United States, even if it is not your final destination, is where they will ask for your visa and where you will have to go through customs and immigration. With that being said, it is best that you book a flight that provides you with enough time between planes that way you can get checked with no rush. Customs will also be going through your luggage during the process.

Primary Inspection

The first inspection is done at the first port of entry into the United States, even if it not your final destination. Once you enter the United States, you will find a line that says “Permanent Residents” unless there is a specific line that says otherwise, but is for you. There, an officer will meet you and verify your identity. This part of the inspection does not typically take long. Once your identity has been verified, the officer will lead you to where a second inspection will be done.

Secondary Inspection

The secondary inspection is where an officer will open your packet (the documentation we previously mentioned) and review all of your documents. If you have a medical condition, the packet might include a clinic you can visit when you move into your new town of residence. This process, just like previous steps, can take time, sometimes several hours, so you must be mindful of this when booking flights. Some people may be denied entry to the United States, so if you see this happening during this inspection it doesn’t mean it will happen to you. Everyone’s case is different and it typically happens to those who violated their immigration status or due to a criminal conviction.

Entry to the United States

After your inspections are completed, your passport will be stamped to indicate that your status as a lawful resident has been verified and you can enter and reside in the United States.

Choose Fong Ilagan to Help You During Your Transition to the United States

The lawyers at Fong Ilagan are not only here to help you achieve the immigration status you’re working towards, we are also here to help you make the most out of your travel when you have achieved status. Should you need any more information regarding your anticipated travel and your status to do so, do not hesitate to contact us.

Department of State Visa Bulletin for June 2021 and Adjustment of Status Filing Charts from the Visa Bulletin

May 21, 2021

By:Fong Ilagan, LLP

The U.S. Department of State earlier this month published their updated monthly Visa Bulletin for June 2021. The Bulletin, which can be seen in full here, details the availability of immigrant visa numbers during June 2021 for: “Final Action Dates” and “Dates for Filing Applications” and provides useful reference information for applicants, immigration attorneys and paralegals alike. For those who will consular process their immigrant visas at U.S. Embassies/Consulates abroad, the “Dates for Filing” chart indicates when the National Visa Center should notify immigrant visa applicants to assemble and submit their required documentation online. For further clarification of the information contained within this bulletin, please contact Fong Ilagan for assistance.

Department of State and USCIS Visa Bulletin Information

For those foreign nationals who are physically in the United States, USCIS dictates which Visa Bulletin chart to use for filing adjustment of status applications with USCIS. Here is the USCIS webpage for determining eligibility to file for adjustment of status: https://www.uscis.gov/visabulletininfo.

USCIS has indicated to use the following charts during the month of June 2021:

Family-Sponsored Preferences:

First; (F1), Second (F2B only), Third; (F3), Fourth; (F4)

- DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

Second (F2A only):

- FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

Employment Sponsored Preferences:

First, Second, Third, Fourth and Fifth,

- FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

To stay posted on immigrant visa number availability under the various family-based and employment-based immigrant visa categories, you can receive a notification of each monthly Visa Bulletin published. You can subscribe to the Department of State’s email list by emailing: listserv@calist.state.gov and in the message body include “Subscribe Visa-Bulletin.”

To understand more about these categorizations please see the full Visa Bulletin for full descriptions of each preference category. If you have any questions about the dates published in the Charts, please speak to one of our specialized immigration attorneys at Fong Ilagan by calling us at 713.772.2300 or reach out to us by filling out our online contact form.

You can also find more information about Fong Ilagan’s specialist immigration services in each practice area on the following pages of our website: