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.