Hello,
This is my last week of research. I will be creating a slide show, and doing a 20 minute presentation. These three months have been very productive and entertaining. I traveled all over Arizona doing interviews with interesting individuals, collecting different facts and opinions. I know a lot more about how the immigration process works, and how my visa works. I believe that I will be able to provide insight and help to people who are interested in applying for a Green Card, such as my parents. Thank you for viewing my blog these past three months, and feel free to leave a comment. I will be sure to write back as soon as possible.
-Jenny
Saturday, April 28, 2012
New Policies in the Past Decade
In the past decade there has been minor changed to visa policies. One example was the change with the TN visa. In the fall of 2008, the Obama administration increased the period of the visa from one year to three years. Meaning a TN holder can apply for three year extensions as opposed to one.
In the summer of 2008, the USCIS extended the time H-2B workers can stay in the U.S. H-2B workers are for agricultural and labor workers.
-Jenny
In the summer of 2008, the USCIS extended the time H-2B workers can stay in the U.S. H-2B workers are for agricultural and labor workers.
-Jenny
Saturday, April 21, 2012
Arizona Senate Bill 1070
The most recent bill that greatly impacts Arizona is Arizona Senate Bill 1070. It requires all aliens 14 years and older, who intend on remaining longer than 30 days in the U.S, to carry necessary documents to prove that they are in the country legally. Many people have said that this causes racial profiling, because it allows boarder patrols to ask anyone who they suspect to be illegal aliens to take out their documentation. This bill has caused much uproar among the other states; It is considered controversial. I personally do not carry around my passports. Sometimes I don't even remember to take my wallet, so I have no identification documents on me except for my school books. It is unrealistic to always carry around my passport and visa. Also, I will be more likely to lose my documents if I always carry them around, thus increasing my risk of becoming an undocumented alien.
Jenny
Jenny
Interview with a Person who Had a Green Card (is now a U.S citizen)
How long did it take for you to receive your Green Card?
3 years. It takes longer for some people, and shorter for others.
Did you hire a lawyer?
Yes
Did you apply for the Green Card through employment or family?
Employment
On a scale of 1-10, how hard do you think it is to get a Green Card?
9
Did you face any problems? If so, what were the problems?
The waiting time was too long, because of the quota for China. (*see interview with Ms. Huang)
What did you not like about the process?
The quota for Chinese people (which is country based), and the waiting time.
Is there an area of the process you would like to see improved?
The processing (by the INS, now National Security) took too long. It would be better if they were more efficient.
This interview was done through a survey given to a U.S citizen who had once gone through the Green Card process and received a Green Card.
-Jenny
3 years. It takes longer for some people, and shorter for others.
Did you hire a lawyer?
Yes
Did you apply for the Green Card through employment or family?
Employment
On a scale of 1-10, how hard do you think it is to get a Green Card?
9
Did you face any problems? If so, what were the problems?
The waiting time was too long, because of the quota for China. (*see interview with Ms. Huang)
What did you not like about the process?
The quota for Chinese people (which is country based), and the waiting time.
Is there an area of the process you would like to see improved?
The processing (by the INS, now National Security) took too long. It would be better if they were more efficient.
This interview was done through a survey given to a U.S citizen who had once gone through the Green Card process and received a Green Card.
-Jenny
Saturday, April 14, 2012
Interview with Officer Holguin
Name: Officer Holguin
How long have you worked with the immigration system?
3 years as a field officer at this immigration office, five years as a custom and border patrol agent, and one and a half years at the Phoenix lock box (where people send in their applications).
Can you give a brief outline of your day to day work?
7-4:30: Provide accurate and timely information to customers, who are applying for a Green Card or naturalization. I give forms and information, but no legal advice.
What problems do applicants face?
Sometimes a Green Card cannot be delivered to the applicant because they failed to change their address (if they have moved). If the Green Card cannot be delivered, then it gets sent back to the headquarters in Lincoln, Nebraska. The delivery is then attempted two more times. If the Green Card is lost (not sent back to headquarters) then the applicant has to pay for a new one, which is $450. Usually the Green Cards are tracked because they are expensive.
If the Green Card is so hard to get, and so expensive, why is it mailed out. Wouldn't it be better for the applicant to come to the immigration center to get it?
It has always been mailed out. Now they are trying to convert everything into digital files. We called this new technology transformation immigration.
As for the Green Card applications, who decides who gets a Green Card and who does not?
A level 2 judicature decides by going through the person's files, checking their fingerprints, basically making sure the person is not a criminal. Then they check to see if the person meets the criteria to receive a Green Card, in which ever way they applied for one (i.e marriage, employment, family). It's all about the policies and law. The officer must follow a certain procedure. They do the checks and balances.
What do you like about the process?
It's a very fair process that treats people with respect. We try to process as many applications as possible. People are coming here for a better life. In order to better serve the people, we reserve every Thursday as a training day.
How long have you worked with the immigration system?
3 years as a field officer at this immigration office, five years as a custom and border patrol agent, and one and a half years at the Phoenix lock box (where people send in their applications).
Can you give a brief outline of your day to day work?
7-4:30: Provide accurate and timely information to customers, who are applying for a Green Card or naturalization. I give forms and information, but no legal advice.
What problems do applicants face?
Sometimes a Green Card cannot be delivered to the applicant because they failed to change their address (if they have moved). If the Green Card cannot be delivered, then it gets sent back to the headquarters in Lincoln, Nebraska. The delivery is then attempted two more times. If the Green Card is lost (not sent back to headquarters) then the applicant has to pay for a new one, which is $450. Usually the Green Cards are tracked because they are expensive.
If the Green Card is so hard to get, and so expensive, why is it mailed out. Wouldn't it be better for the applicant to come to the immigration center to get it?
It has always been mailed out. Now they are trying to convert everything into digital files. We called this new technology transformation immigration.
As for the Green Card applications, who decides who gets a Green Card and who does not?
A level 2 judicature decides by going through the person's files, checking their fingerprints, basically making sure the person is not a criminal. Then they check to see if the person meets the criteria to receive a Green Card, in which ever way they applied for one (i.e marriage, employment, family). It's all about the policies and law. The officer must follow a certain procedure. They do the checks and balances.
What do you like about the process?
It's a very fair process that treats people with respect. We try to process as many applications as possible. People are coming here for a better life. In order to better serve the people, we reserve every Thursday as a training day.
Field Trip to Downtown Phoenix
Last Tuesday my mentor, Mrs. Auer, took me on a field trip to downtown Phoenix. We went to interview an immigration officer, and went on a tour of ASU’s law school. The immigration center was one story, and very modern. At first I thought it was a car dealership, because I imagined the immigration office to be a tall brown building. We had to go through security, which was similar to the airport security. They required you to go through a metal detector, as well as show your I.D and proof of a scheduled appointment with a field agent. You were not allowed to bring water, food, or cell phone into the building. We went into a large room, where people were preparing for their citizenship test. We met with a field officer named Veronica Holguin. She was very nice, and provided a lot of information and documents for me to review. I will post the interview with her in my next post.
After my interview with Officer Holguin, Mrs. Auer had to drop by ASU’s law school. ASU’s law school recently moved to a new building. It is now located in a brown building, with around nineteen stories. We went up to the fifteenth story. They recently built some new mock court rooms, which had big glass windows that overlooked Phoenix. They are still setting up microphones and computer monitors. The facilities were pretty good. Finally my field trip ended with a funeral precession. It was the first funeral precession I have ever encountered, and it held us up for ten minutes. I never knew there was such a law in the United States, now I know. Read my next post for the interview with Officer Holguin.
-Jenny
Saturday, April 7, 2012
My Two Cents on Society's View of Immigrants
I agree with Mr. Burns that America is a country of immigrants. It is also true that some Americans view immigrants negatively, even going as far as treating them as a subclass of humans. Before I say anything, I want to admit that I am biased; I am Canadian, and as a first generation immigrant, I do feel empathy towards immigrants. Without further ado, here is a short synopsis of my view on society and immigration.
Humans, and animals, tend to feel uncomfortable or even suspicious of foreign entities in their normal habitats. It is a natural instinct. Thus the attitudes towards immigrants can be linked to a primitive trait. History also tends to prove that foreign involvement does not end well for the old inhabitants, just ask the Mayans or the Aztecs. However, the United States is an exception. American could not have improved so fast without the continual help of immigrants. Technological advances happened thanks to the help of immigrants. America’s culture of freedom was cultivated by immigrants, who were all seeking a better life. Immigrants came to this land, they nurtured it, they raised it, and they settled their family down on it. Immigrants now are still following that idea, chasing their dreams to America.
I cannot speak for all immigrants, but my family came to North America to build a better life. Most immigrants travel away from their home to a foreign land to do the same. They only harbor the best intentions, the greatest hopes, and the greatest fears. It takes a lot to go to a new country where you don’t even know how to say “can you help me.” So thank your ancestors for getting you past the hard part.
Now I will discuss the view on the other side of the fence. The U.S is growing. The population is booming. More people mean more competition for resources, jobs, and a style of life. Over populated places can be dangerous, uncomfortable, and annoying. Because many immigrants have succeeded in catching up to their American Dream, more and more people are waiting to do the same. That is why immigration quotas were established in the early 1900s. This way, the U.S won’t overpopulate as fast as some other countries, like China; however, immigrants are still slowly trickling into the U.S, and current residents of the U.S view the new members of their country as a threat.
Whenever there is a problem, the immigrants are blamed. You hear more often than not people blaming the immigrants for their unemployment. Whenever something goes wrong, there always has to be a scapegoat, and immigrants are the perfect scapegoats: they don’t understand anyways. Immigrants are adding to the population, they are taking jobs, but do the unemployed really want to do the jobs some immigrants have to do to survive? Of course, we cannot just ignore this point. This is why I believe the quota is not a bad idea. I will further research ways that will not harm the livelihoods of U.S citizens, while being fair to incoming immigrants.
Some immigrants become bad, and do bad things. They are exceptions and should be punished by the law; however, do not let them influence your view of all immigrants. Sometimes the way some immigrants act may be foreign, it may even be vulgar (in your eyes), but you have to remember that they were not raised in the same environment as you. Some of them had to really struggle to survive, and their difficult lives have made them less sensitive to the little things. Now that they are already here this country to build their dream, why not lend them a hand instead of looking down on them and trying to punish them. Of course, I am biased, but this is my two cents on society’s view of immigrants. I hope I said something worthy of contemplation. As Mr. Burns said, if you want to do something (as an U.S citizen), read about the proposed bills, and vote for a representative who remembers their roots, and the purpose of the United States.
Interview with Gerald Burns
This week an immigration lawyer named Gerald Burns provided his experience and insights. Here is the interview breakdown with paraphrases of what Mr. Burns said.
How long have you worked with immigration law?
Mr. Burns has worked with immigration law for 13 years. He is the Arizona Chapter Chair of American Immigration Lawyers Association, as well as the Chair of the ALA Family Immigration Committee.
What are the most common ways you have seen people apply for a Green Card?
Through family relationships, as in marriage and family sponsored immigration, where the family sponsor is an U.S citizen.
How long does it generally take?
3-6 months to 6-7 years, depending on the circumstance.
What are the success rates?
It is very fact dependent.
What common problems do the applicants face?
It may be a burdensome process with lots of requirements. The applicant may need legal help. They may not be eligible. The cost may be a huge factor.
What problems have you faced?
It can be hard to defend clients who are under removal proceedings (deportation).
What do you not like about the process?
The amount of paperwork, and how immigrants are placed in a negative light.
Why do you think immigrants are placed in a negative light?
It may be due to politics and the economy. Many people view immigrants as a threat to their ability to find a job, because they believe immigrants will steal their job.
How can we change that view and improve the immigration process?
We have to remember that we are a country of immigrants. This is not an old lesson, but an ongoing lesson for all of us. Elect congress persons who remember their roots of immigration, and who will not proposed laws that punish immigrants.
I would like to thank Mr. Burns for his time and valuable input.
Stay tuned for another interview next Tuesday!
-Jenny
How long have you worked with immigration law?
Mr. Burns has worked with immigration law for 13 years. He is the Arizona Chapter Chair of American Immigration Lawyers Association, as well as the Chair of the ALA Family Immigration Committee.
What are the most common ways you have seen people apply for a Green Card?
Through family relationships, as in marriage and family sponsored immigration, where the family sponsor is an U.S citizen.
How long does it generally take?
3-6 months to 6-7 years, depending on the circumstance.
What are the success rates?
It is very fact dependent.
What common problems do the applicants face?
It may be a burdensome process with lots of requirements. The applicant may need legal help. They may not be eligible. The cost may be a huge factor.
What problems have you faced?
It can be hard to defend clients who are under removal proceedings (deportation).
What do you not like about the process?
The amount of paperwork, and how immigrants are placed in a negative light.
Why do you think immigrants are placed in a negative light?
It may be due to politics and the economy. Many people view immigrants as a threat to their ability to find a job, because they believe immigrants will steal their job.
How can we change that view and improve the immigration process?
We have to remember that we are a country of immigrants. This is not an old lesson, but an ongoing lesson for all of us. Elect congress persons who remember their roots of immigration, and who will not proposed laws that punish immigrants.
I would like to thank Mr. Burns for his time and valuable input.
Stay tuned for another interview next Tuesday!
-Jenny
Saturday, March 31, 2012
Student Visas
It’s almost April, the month where most students have to decide where to matriculate. So a point of interest for most international students is the F-1 visa. The F-1 visa allows international students to legally stay in the U.S in order to study and work (to help pay their tuition) on campus.
The F-1 visa is available for any level of education, ranging from elementary to doctorate, but the “course of study that culminates in a degree, diploma, or certificate” (USCIS.gov). The institution at which the international student is enrolled must be certified to accept international students by the federal government. The F-1 visa is for academic students. The M-1 on the other hand is for international students who are in the U.S to study a certain skill. The M-1 is for vocational students. Both the F-1 and M-1 pay only work off campus if their work correlates with their area of study.
The J-1 visa is only for exchange students, who will have to return back to their original school after their period of exchange.
There is a third category in the visa types: the F-3 and the M-3, designated especially for Canadian and Mexican national academic commuter students.
Also the F-2, M-2, and J-2 are obtained by the spouses and children of the international student with the respective visa type. This brings an international’s family together during his or her time of study. I believe this greatly helps the visa holder, as well as make his immediate family more comfortable.
-Jenny
Friday, March 30, 2012
Interview Update
It turns out the lawyer who wrote the compelling piece is unavailable for an interview; however she provided a very helpful contact. She gave Ms. Auer contact to an immigration lawyer, Mr. Gerald Burns, a member of an American Immigration Lawyers Association (AILA), as well as the AILA National Family Immigration Committee Chair. He said he was happy to help me. Look forward to another interview recap sometime next week.
Also, I have scheduled an appointment with an USCIS agent on April 5th. I will be going down to Phoenix to get another perspective on U.S immigration law. They only allow a twenty minute window for the interview, so I plan on preparing a lot before hand.
I researched the H1-B visa a bit this week. It is very hard to prove that no one can replace the employee unless that employee has a certain degree of education as well as experience and talent. Every phrase will impact the outcome of the visa; especially if the employee plans on applying for permanent residency. Aside from that, I also learned more about my own visa from my recent college experiences. A person with a T-D visa (dependent family member on a person with a TN visa) cannot apply for the FAFSA, and they have to obtain an F-1 visa before they start college in the fall. That aside, it is very easy for Canadians (TN or TD holders) to apply for an F-1, so I will not have any trouble getting a work-study visa. I am planning to work on campus!
Feel free to comment with any concerns or questions, especially if you have any questions you want to ask an immigration lawyer or government agent, because I will be sure to incorporate your questions into my interviews. Please respond before April 5th with any questions.
-Jenny
Feel free to comment with any concerns or questions, especially if you have any questions you want to ask an immigration lawyer or government agent, because I will be sure to incorporate your questions into my interviews. Please respond before April 5th with any questions.
-Jenny
Saturday, March 24, 2012
A Short Story
I talked about a non-profit organization called ‘Friendly House’ in my last post. Well, they have a story that outlines the hardships of people who get married in order to get a Green Card. I will share it with you in this post.
“ Recently, a young woman with three children (one of whom has special needs) needed assistance working toward obtaining her permanent residence in the United States. This courageous young woman was a victim of domestic violence from her spouse, a U.S. citizen. He refused to file for her adjustment of status. Due to violence, her husband was incarcerated. In the meantime, this young woman tried to care for herself and her three young children without having work authorization.
If things could not get worse for the young woman, she was pulled over by a Maricopa County Sheriff’s Deputy. She faced deportation proceedings and imminent separation from her young children. After receiving financial assistance from family members, she was released on bond and came to Friendly House for help. At Friendly House, we immediately took action by filing a VAWA and U visa application for her.
A VAWA petition allows an abused spouse or child of a U.S. citizen or Lawful Permanent Resident to self-petition for lawful status in the U.S., receive employment authorization and access health benefits. VAWA provides domestic violence survivors with the means that are essential to escaping violence and establishing safe, independent lives. A U Visa provides interim relief for immigrant victims of certain crimes who are helpful to law enforcement in either investigation or prosecution of the crime.
Friendly House attended her court hearing with her before a judge. This young woman just received her prima facie finding under VAWA and we remain very optimistic that this young woman will be allowed to adjust as a permanent resident alien to the United States in the very near future." (www.friendlyhouse.org)
As you can see, immigrants face a lot of hardships. There are many more stories like this that do not have a happy ending. In fact, there are over 3 million people who are undocumented in the U.S today. I can’t imagine how tough their lives are. They are not able to apply for a proper job, not able to leave the country, not able to apply for anything that requires an I.D, and not able to openly ask for help. I don’t support illegal immigration; I support some sort of reform that will keep families together.
-Jenny
Possible Interviews
Sorry for not posting recently. This week was not a very good week for me. As for updates on my research project, I am still mostly reading articles and looking up terms and more information. My mentor, Ms. Auer provided some very important leads for my research. She happened to have an old article written by an immigration lawyer about same-sex marriage and immigration, a very compelling issue. She called the lawyer for me, to set up an interview; however, the lawyer was not in, so we’ll have to wait till next week to hear back from her.
Also, I contacted the United States Citizen and Immigration Service hoping to set up an interview with a government official, to get another view on the immigration laws. I’ll have to get one of my parents to go with me, because they don’t meet one-on-one with minors. The National Service Center’s phone number for the USCIS is 1-800-375-5283.
Lastly, there are two charity organizations that help immigrants. One is called the Friendly House; another is a Catholic Social Services. The Friendly House has volunteer lawyers who provide free consolations every month. They are a non-profit organization that has been serving the community since 1920. Their website is www.friendlyhouse.org. Their phone number is 602-257-1870. The Catholic Social Services provide assistance to immigrants, such as help them buy groceries, or settle in. Their phone number is 602-650-4827, and they are open weekdays from 10am to 1:30pm.
Hopefully I can find some Green Card holders in the near future to interview. I will continue to update my blog, so check back in a week!
-Jenny
Saturday, March 17, 2012
Refugee Green Card and Green Card Lottery
Refugees and asylees may apply for a Green Card one year after they are admitted into the United States. A refugee is required to apply for a Green Card one year after entry, whereas an asylee does not have to, but it is in their best interest to apply for a Green Card.
The difference between a refugee and an asylee is that a refugee is seeking for a safe place to go because their home has been ransacked by man-made or natural disasters. An asylee is looking for a safe haven because they are being personally persecuted by someone, an organization, or the government of their own country.
Usually it does not take long for the individuals to receive a Green Card, as long as the satisfy three criterias, which are:
1. Prove that they continue to fit the definition of either refugee or asylee (or a family member of)
2. Be physically present in the U.S for the past year
3. Has not done anything that caused your admission to be terminated (i.e commit a felony).
This method of obtaining a Green Card is not very common, seeing that not everyone can fit the definition of a refugee or an asylee.
Lastly, there is the Green Card lottery. There is a worldwide lottery where the prize is a Green Card. This is for people who cannot get the Green Card any other way. The "bet" is the application fee. There is a certain quota as to how many people may enter this lottery per year. The success rate is not very high.
Aside from these last two uncommon ways of obtaining a Green Card, there's also a list of unusual circumstances that may qualify you for a Green Card. See the list at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5a97a6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=5a97a6c515083210VgnVCM100000082ca60aRCRD
-Jenny
Interview Results
As you know, I met an immigration lawyer named Jennifer Huang last Friday in Tuscon. We talked for approximately half an hour about her experiences and opinions about the immigration system. I will answer the questions I wrote last week with paraphrases of what she said.
How long have you worked with Immigration law?
She has worked with immigration law for twenty years, since 1992.
What are the most common ways your clients apply for a Green Card?
The most common method is the family sponsored method, which includes marriage. The second most common would be the employment based Green Cards.
How long does it generally take?
The time varies with each situation. According to her experience, the shortest time was six months, and the longest was twelve years. It took twelve years for a U.S citizen's brother (of a foreign national) to receive a Green Card.
What are the success rates?
Not 100%
What common problems do the applicants face?
If it is a marriage based Green Card, the couple's relationship can fall apart before the foreign national gets their Green Card. Also, the family sponsor must have a sufficient income and an interview with the Green Card service center. As for employment based Green Cards, the employer may decided to stop supporting the applicant, due to the large amount of paperwork. The employer must help the employee apply for a labor certification, and must be willing, able, and available to help the employee through the application process (i.e provide proof of qualifications, pay for the applications, ect).
Lastly, the problem that applicants across all methods face is the quota number. Each year, only a limited number of people receive a Green Card due to the quota. Only 7% of any foreign country's population may apply for a Green Card. So, in some cases, the applicant will have to wait a few years before they can be considered as a candidate for receiving a Green Card, especially those without extraordinary talents or qualifications.
What do you not like about the process?
She did not like the fact that the final decision of whether a person gets their Green Card is made by only one person working at the service center. She believes that the Green Card processing is arbitrary, and that the final say should not be based on what one person thinks.
How has immigration law changed over time?
Contrary to public belief, the immigration quota has not gone down in the past ten years (even with the terrorist attacks). The major change to immigration law came about in 1996, with the Illegal Immigration Reform and Immigration Responsibility Act. After the act, more misdemeanors can cause people to be deported.
How long have you worked with Immigration law?
She has worked with immigration law for twenty years, since 1992.
What are the most common ways your clients apply for a Green Card?
The most common method is the family sponsored method, which includes marriage. The second most common would be the employment based Green Cards.
How long does it generally take?
The time varies with each situation. According to her experience, the shortest time was six months, and the longest was twelve years. It took twelve years for a U.S citizen's brother (of a foreign national) to receive a Green Card.
What are the success rates?
Not 100%
What common problems do the applicants face?
If it is a marriage based Green Card, the couple's relationship can fall apart before the foreign national gets their Green Card. Also, the family sponsor must have a sufficient income and an interview with the Green Card service center. As for employment based Green Cards, the employer may decided to stop supporting the applicant, due to the large amount of paperwork. The employer must help the employee apply for a labor certification, and must be willing, able, and available to help the employee through the application process (i.e provide proof of qualifications, pay for the applications, ect).
Lastly, the problem that applicants across all methods face is the quota number. Each year, only a limited number of people receive a Green Card due to the quota. Only 7% of any foreign country's population may apply for a Green Card. So, in some cases, the applicant will have to wait a few years before they can be considered as a candidate for receiving a Green Card, especially those without extraordinary talents or qualifications.
What do you not like about the process?
She did not like the fact that the final decision of whether a person gets their Green Card is made by only one person working at the service center. She believes that the Green Card processing is arbitrary, and that the final say should not be based on what one person thinks.
How has immigration law changed over time?
Contrary to public belief, the immigration quota has not gone down in the past ten years (even with the terrorist attacks). The major change to immigration law came about in 1996, with the Illegal Immigration Reform and Immigration Responsibility Act. After the act, more misdemeanors can cause people to be deported.
Saturday, March 3, 2012
Preparing for an Interview
Next week on Friday I will be interviewing an immigration lawyer. I plan on asking her about her opinions on the process of getting a Green Card, and how she thinks it may be improved. The immigration lawyer I will be talking with resides in Tuscon, so my family will be going down there next Friday and Saturday for a short vacation.
Potential questions and topics:
How long have you worked with Immigration law?
What are the most common ways your clients apply for a Green Card?
How long does it generally take?
What are the success rates?
What common problems do the applicants face?
What problems have you faced?
What do you not like about the process?
Why do you think it's like that?
How can we change that?
Potential questions and topics:
How long have you worked with Immigration law?
What are the most common ways your clients apply for a Green Card?
How long does it generally take?
What are the success rates?
What common problems do the applicants face?
What problems have you faced?
What do you not like about the process?
Why do you think it's like that?
How can we change that?
Since I have already read numerous articles and information on how to apply for a Green Card, I won’t be asking too many technical questions. I mainly wish to get an immigration lawyer’s perspective on the Green Card process. Hopefully she’ll provide some insight on what she believes needs to be changed about the process.
Friday, March 2, 2012
Employment based Green Card
Happy March! The first month of research flew by so fast. Pretty soon May will fly by, and I will be a high school graduate. In the mean time, let me tell you about employment based Green Cards.
In order to apply for an employment based Green Card, you must be in the U.S on an immigrant visa. If you are on a non-immigrant visa, then you are not allowed to apply for a Green Card. Some non-immigrant visas include B1 visas (travel visa) and F-1 visas (student visas).There are many complications that surrounds the issue of eligibility based on what kind of visa you have, but the most common visa to get in order to apply for a Green Card is the H1-B visa. The H1-B visa is made for foreign professionals who have been employed in the U.S for a temporary amount of time. The H1-B visa may only be renewed twice, thus limiting the foreign worker to a six year stay in the U.S before they have to return to their home country. That is why H1-B holders must apply for a Green Card right away, or else they may have to leave before they are issued a Green Card.
Based on what visa you hold, there are many requirements to fulfill before you can get a Green Card; however, there are a few common requirements. For example, there has to be a clear lack of workers or skill sets in the U.S for the foreign national to be accepted, because the U.S does not want foreigners to take jobs away from U.S citizens. The foreign national has to have a particular skill that is requested by a certain U.S company, such that the worker cannot be easily replaced. From this you can see that it is hard to get a Green Card through employment, unless you have a very special talent.
Friday, February 24, 2012
Family Based Green Cards
This post concludes my second week of researching. As promised, I will talk about family based Green Cards.
As the name suggests, family based Green Cards are filed for by immigrants who have family members who are U.S citizens or U.S permanent residents. The first category is the immediate family. This includes the spouse, unmarried children under 21, and the parents of the U.S citizen over 21. The U.S citizen will file for their immediate family, who will most likely get a Green Card. The next group is called the preference category, which includes married children of any age, unmarried children over 21, and siblings of the U.S citizen. The third group includes any family member of a Green Card holder. Lastly, battered spouses or children, a K nonimmigrant, children born to foreign diplomats in the United States, and a V nonimmigrant or widows and widowers of a U.S. Citizen are included in the fourth category. The difficulty of obtaining a Green Card increases from category one to four.
A K nonimmigrant means a person with a K-visa. The fiancée of a U.S citizen and his or her accompanying children will have this visa type. This visa type was created so that the immigration process may be sped up for those with this situation.
A V nonimmigrant means a person with a V-visa, which allows the spouse or the child of a U.S permanent resident to work in the U.S while waiting to obtain their Green Card.
The forms needed to apply for a Green Card vary with each category. Some say the family based Green Card is the second easiest to obtain, but it would depend on your situation. I will cover work based Green Cards next week. Have a good weekend!
Wednesday, February 22, 2012
I Gained Access! ( and Marriage Based Green Cards)
Yesterday I gained access to a large law database called Westlaw. It has a lot of articles written by lawyers and law professors, as well as cases and briefings. I am excited to go back and read through the various opinions of the professionals. You can also highlight and take notes online. It's pretty cool!
I found that there are four common ways to obtain a Green Card. There are marriage based Green Cards, working based Green Cards, family based Green Cards, and lottery gained Green Cards.
Let’s talk about marriage based Green Cards. This is when an immigrant marries an U.S citizen or lawful U.S permanent resident. Some people even come to the U.S solely to marry a U.S citizen in order to obtain residency. This is commonly called marriage fraud. I remember watching a movie called “Kites,” a Bollywood film, about a guy who creates fake marriages with immigrants to help them obtain permanent residency. This is one of the reasons why it is so hard to get travel visas, because many people use the B-2 visa to come here to get married. Therefore, the US Citizenship and Immigration Service will issue a “conditional Green Card” to a newlywed immigrant for the first two years, in order to assure that the marriage is not solely for obtaining permanent residency.
The conditions may be removed if the immigrant is still married to the same U.S citizen after two years, has become a widow or widower, is divorced (with a valid reason. i.e. domestic abuse, extreme hardship, adultery) but married on the grounds of good faith, or will encounter extreme hardship if they leave the U.S. In order to renew the Green Card, the immigrant must jointly file the renewal with their spouse, or get a waiver. The waiver must be obtained within the expiration date. The eligibility standards to get a waiver are the same as the above scenarios to remove the conditions on a conditional Green Card. If the waiver or renewal is not filed in time, the immigrant will be deported. So, it is a misconception that marriage is the quick and easy pass to permanent residency, especially when you marry just for that. In such cases, your spouse, or “contract groom,” holds something over you, and your life will not be as happy as you imagined it to be. I suggest marrying for love.
I will cover family sponsored Green Cards in my next post, sometime in the next two days.
Please feel free to ask questions or leave comments.
Friday, February 17, 2012
Costly Process
Today concludes my first week researching immigration law. I have learned a lot about the different kinds of visas this week. My mom has been asking me for advice and information about the B-2 visa and the H-1B visa. Did you know that it costs a lot of money, about $140 per person, to apply for a B-2 visa? There’s also an interview with an U.S embassy worker, pertaining to the reason why someone wants to travel to the U.S. If the interviewer has reasonable doubt that the applicant intends to stay in the U.S for a long period of time, then the interviewer will not issue the applicant a visa. They also will not refund the $140. The interview has become something to be nervous about.
It is quite hard to achieve permanent residency. Next week I will be researching what visa types will allow a foreigner, or alien, to apply for a Green Card (which is not actually green), and what documents a person needs in order to apply.
The difference between a citizen and a permanent resident is that a U.S citizen may live in another country and still return to the U.S, whereas a permanent resident cannot be out of the country for too long, unless you are a religious worker. Also, the Green Card must be renewed. There are a lot of exceptions and nuances. That’s what makes the case laws unique and interesting. I found that there are immigration lawyers here in Arizona who will help clients apply for a Green Card, but they charge a lot (around $5000 just to apply). Hopefully, I will be well versed enough in immigration law to help those who have questions, for free.
Tuesday, February 14, 2012
First Day as a Researcher
Love is in the air on my first day as a researcher of immigration law!
Today is also Arizona's 100th birthday! Arizona's getting old.
I have my own office (research space), with a swirly chair and an office style telephone, like a lawyer.
I'm currently reading through the Immigration Procedures Handbook 2011-2012 edition. There are two volumes, with 1200 pages each. There's also an 800 page supplement handbook. I think I'll just skim the important points.
I'm connected to the wireless internet, so online research is but a click away. While online, I found out that someone has already compiled information about the different types of visas. They have a good starting point, but I'm going to have to research more in depth. I also found out that my grandparents, currently living in China, can visit me in the U.S on a B-2 visa, which only takes five days to process, provided there are no other "complications." I'm pretty sure my grandparents would get their B-2 visa very quickly. I’m going to try to convince them to visit, since my grandpa is an adamant NBA fan of 20 or so years, and has never been to an NBA game.
Yesterday, all the seniors who are participating in the Senior Research Project attended an orientation at the library, on how to do research. They taught us how to access the library’s database. I also have access to a special law database called Westlaw, two large handbooks, and the internet. I think I will go through the different types of visas for now, and then study the naturalization process tomorrow. Prepare to be overwhelmed with information!
On a side note: Happy Valentine's Day!
Thursday, January 19, 2012
Introduction
Hello Reader,
You have stumbled upon Jenny Zhang's research project, "Looking into the Immigration Laws of the United States of America." If you are curious about the researcher, please read the "about" section to your right. If you are curious about this research project, please read my project proposal post. I will be interning for the next three months at a law office, as well as doing individual research at the library. The end product will consist of a presentation and a paper.
A short synopsis of what you are about to discover:
As you read and follow my blog, you will learn about the things I will learn through my law internship and research. Together we will learn about the immigration laws of the United States of America, the history of immigration, and it's impact on our society. Eventually we will be able to come up with a proposition that will improve the immigration laws of the U.S. So sit back, get comfortable, and get ready to explore one of the fundamental building blocks of America!
-Jenny
Project Proposal: Click here.
You have stumbled upon Jenny Zhang's research project, "Looking into the Immigration Laws of the United States of America." If you are curious about the researcher, please read the "about" section to your right. If you are curious about this research project, please read my project proposal post. I will be interning for the next three months at a law office, as well as doing individual research at the library. The end product will consist of a presentation and a paper.
A short synopsis of what you are about to discover:
As you read and follow my blog, you will learn about the things I will learn through my law internship and research. Together we will learn about the immigration laws of the United States of America, the history of immigration, and it's impact on our society. Eventually we will be able to come up with a proposition that will improve the immigration laws of the U.S. So sit back, get comfortable, and get ready to explore one of the fundamental building blocks of America!
-Jenny
Project Proposal: Click here.
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