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

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 5^th. 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

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 

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.

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?

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. 

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.