Every year, a growing number enter the United States of America in search of different things. Whether it’s to escape war, find economic stability or raise a family, thousands are looking for a permanent life in this land.
Since immigration policies were established around the 1880s, the system has changed. Today, for families or individuals seeking permanent residency in America, several immigration procedures must be considered.
This story focuses on the insights of immigration professionals and lawyers which touches upon the intricacies of general procedures, green card applications and asylum seeking.
Monica Valencia is the founder and co-executive director of the Dreamer Fund, which provides Dreamers and undocumented students resources to pursue an education in law.
She was a lawyer and professor based in Los Angeles, her work is motivated by her parents after she saw first-hand the struggles and discrimination they faced after immigrating from Mexico. Valencia’s practical experience covers asylum and general immigration law. She notes that to make a strong case, external conflict and violence are common reasons asylum seekers demonstrate a need to enter a country, as most involve persecution against people of a particular race, religion, nationality or social group.
“What we do as lawyers is that — with our team — we compile country condition evidence that’s come from different types of sources,” Valencia said, “detailing out the conditions of the home county that they’re fleeing from, and also focusing on the type of persecution that people experience.”
In addition to conflict, some asylum seekers flee their home countries due to poor living conditions and a lack of opportunity.
However, the attorney and funding availability determines if an asylum case is reviewed at all. Valencia said the time it takes an asylum seeker to get an interview fluctuates.
“For someone that’s brand new, you just submitted an application, you may be able to get an interview within a couple of months. But we also have cases where it’s been seven to eight years, and they still haven’t gotten an interview,” she said.
The timing depends on the U.S. Citizenship and Immigration Services backlog. In 2023, around 878,500 immigrants were accepted; however, it is unclear how long they waited to be interviewed.
Other options are available for immigrants not seeking asylum, with green card applications being the most common.
Green cards can be temporarily granted to students, workers, entrepreneurs and visitors in the U.S. who are often referred to as lawful permanent residents.
Vera Liu, a general immigration lawyer based in New York, pursued this field based on personal experience entering the country with a student visa.
Liu explained many obtain green cards without an application process through petitions by permanent residents and citizens. Additionally, immigrants with jobs can get a green card to stay in the country, so long as they are working.
However, there are inevitable time constraints to citizenship.
Veronica Guinto, a local general immigration lawyer in Brentwood, California, was inspired by former President Barack Obama’s creation of the Deferred Action for Childhood Arrivals program to begin her career, and acknowledged that not all opportunities are equal.
Guinto explained that some may not have anyone in the U.S. who can petition for them — such as a child or spouse — ensuring they endure the entire application process.
Some might also have violations preventing them from obtaining their card, such as entering the country several times without a Visa.
In addition, general requirements must still be met to obtain citizenship.
“You pay taxes, don’t have any criminal background, or if you had any parking tickets or speeding violations, those are all paid off,” said Guinto.
If these rules are followed, immigrants can obtain citizenship after holding a green card. Unknowingly breaking the rules can extend the time it takes to become a citizen.
“They have to be a lawful permanent resident with a green card holder for either five or three years. Five years is the most common, the three years require that you marry a U.S. citizen,” Liu said.
There are policies in place to prevent children from making these mistakes.
According to Liu, children can obtain citizenship if one of their parents gets a green card before the child’s 18th birthday — although the child needs to be under the legal custody of the cardholder.
There is another level of complication for immigrants who have their cases reviewed and are awaiting acceptance Some lawyers can decline to take on certain cases as it might put their practice at risk. Lawyers may also be unprepared for the case.
“Whatever it is, I research it and make sure I feel comfortable enough to represent you, or no, I’m not comfortable,” Guinto said.
Liu specified that she would not work on asylum cases due to the risk associated with them. She further explained why some law firms or organizations might refuse those cases entirely, because they may put the firm’s accreditation at risk.
But whether a case is taken or not does not solve the problem.
Professionals featured in this story provided ideas for possible improvements to America’s immigration system, such as increasing Visa flexibility, shorter processing times, and minimizing separation of families through deportation.
The process is not straightforward, but just this past year, over 800,000 immigrants have reached citizenship, with an additional million immigrants obtaining a green card.
Although many wish to see further change in the system, there is still hope in an American Dream where everyone has equal opportunity to build a life in the “land of the free, home of the brave.”
Editor’s note
Define American is a special project surrounding immigration, told through the voices of diverse perspectives in Contra Costa County. Check out the other related stories.
