CORPUS CHRISTI, Texas — The journey to become a U.S. citizen is a multi-year process that requires navigating a complex legal system, and immigration experts warn that missteps can have severe consequences, including deportation.
The most common paths to citizenship are through birthright or naturalization. For those who must naturalize, the first and often most difficult step is obtaining lawful permanent resident status, commonly known as a green card.
“A lot of people think you can just jump into being a citizen,” said Hugo Piña, an immigration attorney with the Law Offices of Hugo Piña. “For most people, it's got to be becoming a resident first and it's very difficult even in the best of circumstances.”
According to U.S. government guidelines, eligibility for naturalization requires an applicant to be at least 18 years old, able to read, write and speak basic English, and be of good moral character, which is reviewed over the five years prior to applying.
Crucially, an applicant must also have been a permanent resident for at least five years.
Green cards can be obtained through family or employment sponsorships (work visas).
After meeting the residency requirement, applicants must file an N-400 form, the processing time for which varies by location. The final steps include passing a civics test, with a pool of 128 possible questions, and an English test.
However, the path is not guaranteed. Piña emphasized that any prior immigration history, such as a previous deportation, can jeopardize an entire case.
“Anybody who's been deported before is always at risk of being deported again for that,” Piña said. “It's called reinstatement. So basically, somebody was deported, they came back. If ICE or CBP detains them, they're just gonna use that same order to deport the person.”
Piña strongly advises against traveling through U.S. Border Patrol checkpoints, even for those with pending applications or work permits, unless it is an emergency. He cited a recent increase in detentions at checkpoints, where officials are showing little discretion.
“We are still asking for people not to cross the checkpoint unless they really need to,” Piña said. “We heard a lot of people that do have good cases... and a lot of these people are being detained. There is no discretion at this point.”
Another significant risk comes from seeking help from the wrong places. Piña warned against using notary publics, or "notarios," for immigration advice, noting that Texas law prohibits them from performing legal work.
“We have a big problem in South Texas of people going to these notary publics,” Piña said. He explained that notarios often file incorrect applications, like asylum claims, just to obtain a work permit for a client. When that person later tries to cross a checkpoint, they discover their immigration status is not in good standing and face detention.
Piña’s primary recommendation is for individuals to seek case-specific counsel from a licensed immigration attorney rather than relying on general advice or the experiences of others.
“It's case by case,” he said. “Don't listen to what you heard about somebody else. Go to your attorneys, speak to them directly for your case.”
Meanwhile, the future of birthright citizenship, granted to those born on U.S. soil, remains a topic of legal debate. As of October 27, Texas was among two dozen states supporting the Trump administration's push to end the practice, a decision that would ultimately rest with the U.S. Supreme Court.
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