Tag Archives: Immigration 2021

What You Need to Know Before Traveling to the United States

June 17, 2021

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.

US Certificate of Citizenship, declaration of intention, fingerpirnt card, social security card, application for naturalization and port of arrival manifest with red, white and blue ribbon

Immigration Law Predictions for 2021 and Beyond

February 19, 2021

By:Fong Ilagan, LLP

The new Biden administration has promised many things, one of them being reform for immigration laws. Immigration has been a rising subject with the government, especially in the last couple of years.

Late last year, Biden promised to tackle issues regarding immigration, in several aspects. The ability to deliver these promises may not come so easily, since the new administration is facing a number of factors.

There might be many roadblocks, but people all over the country are staying on top of these very possible changes. We look at the predictions for this year.

Reestablishing DACA

In 2020, the Deferred Action for Childhood Arrival was placed on a halt, but with a new administration, that halt won’t last for long. The new administration has announced their commitment to giving these children a path to citizenship that way they can work and attend school in the United States without fear that this could be revoked. This will have to go under legislative action to enforce reforms. This reform could also help provide migrants with more financial stability if it does go through.

Making the Citizenship Test Easier

Most people who apply for citizenship fear the test. They think it’ll be too difficult for them to pass or to apply for immigration into the U.S. Immigrant visa approvals averaged at 17% between 2016 and 2019. It goes to show that they weren’t as easily accessible. People were denied visas more than they were granted them. The new administration has pledged to work on this, to change the way green cards and visas work. Similar to DACA, this would require congressional approval, which can take plenty of time.

Defunding the Wall

The wall that the Trump administration funded may no longer be getting the money it was once receiving. In fact, the new administration wants to do away with the wall. This could end up saving the United States approximately $2.6 billion. Although, this could end up charging fees in terms of demolition, approximating to $700 million, so either way, some kind of money is going to have to be spent towards these efforts.

Reinvesting in Refugee Programs

Refugees and asylum seekers were barred from coming into the country for a while, mainly when the COVID-19 pandemic started to jump from one country to another. The new administration aims to find a way to help refugees and asylum seekers come in while also being able to follow safety guidelines to mitigate the spread of COVID-19. There are thousands of cases waiting to be heard, mainly from Mexico, which the new administration says that they will be working on shortly.

No Longer Separating Children and Parents at the Border

In previous years, several sources and large heaps of money were going into ICE facilities. With the new administration, this isn’t totally the case. The new administration has spoken about creating a task force for several efforts, one of them being, reuniting children with their parents. The zero-tolerance policy that was responsible for separating families could possibly be revoked sometime this year. No matter how long it takes, we can expect to see this soon.

An End to Visa Suspensions

In June of last year, non-immigrant visas were suspended, meaning specific immigrants were not permitted to cross United States borders. Visa processing should start operating as it was before this June sometime in 2021. The suspension applied to those under H-1B, L-1, H-2B, and J-I visas, including dependents.

Speeding Up Processing Times

The United States Citizenship and Immigration Services is infamous for taking up plenty of time when it comes to processing applications and providing them with entry if they do end up being permitted. In fact, the system in the United States, compared to other countries, is rather slow. For the new year, there is talk that processing times will be sped up to help all visa applicants. Since 2020 was a slow year for immigration, people are expecting major changes in 2021.

Choose Fong Ilagan to Support You Through the Process

If you’ve been thinking about applying for permanent residency or want to become a U.S. citizen, there is no better place than Fong Ilagan to get started. Full of reliable and hard-working attorneys, we can get you where you need to be. Contact us today to learn more about how we can initiate the process.