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Jane

Legal Immigration, by an Immigrant Alien

by Jane []
Published on 21/8/07 in Politics
Im in ur countree, breakin ur borders

The article directly before this one prompts me to write about the immigration process in the United States and what happened to me when I applied to become a U.S. Permanent Resident.

You have to hand it to the media, lawyers, the Internet experts and their ilk. They had me worried. I expected terrible things when I married an American citizen in the fall of 2006. What those terrible things were, I can't remember, but I do remember knowing that applying for U.S. residency would be torture. And indeed, the process is lengthy and somewhat expensive: perhaps more lengthy and expensive than most Americans know. However, there were no burning fences, no barking German Shepherds, no small rooms with bright lights and metal benches. There was no drawn out waiting period while I sat, jobless and penniless, waiting for the government to rule on my pitiful case. The Crisis News Network had not prepared me at all well for a tidy, efficient and fair process that took me from an F-1 student non-immigrant to a Permanent Resident.

The initial load you're faced with when you want to apply for residency is daunting. It is my opinion that it is deliberately complicated and confusing: if you're not committed to the cause, you'll give up and go home. "Honey, you can come live with me in my country so much more easily than this. Let's go." The more people who give up, the less the load on the U.S. Citizenship and Immigration Service (USCIS) and the less people are admitted into the country as residents. The first thing I did was consult with a lawyer about my case, but I soon realized that she would end up costing us thousands (with an emphasis on the "s") that we really didn't have. Could I do this by myself? Or was that immigration suicide?

What is daunting is the paperwork. Documents after legal documents. Many, many documents. Documents that don't have names like "Medical Form", but rather "I-693." Not only are there numerous forms to fill out and appointments to make (your medical exam probably won't be covered by your insurance; just a heads up), but you'll need tax records and earnings statements from the past three years. This is problematic if you're 23 and have only been employed for six months. Find a way to get them what they want. The form whereby you actually apply for residency provides options as to why you qualify for a Green Card. The option that is most common, that you married an American, is so strangely worded and confusing that it doesn't even contain the word "marriage."

Three copies of some forms. Two copies of others. Four photographs attached to the three copies and one photograph attached to the two. You should not be smiling in the photograph, but a touch of a grin is fine. Retain all copies of everything you send to the USCIS because they apparently have a reputation of losing forms, although they lost none of mine. Do not open your sealed medical report, as it will render the report void. A woman at the USCIS helpline told me to include all my application fees into one check for $935. Others on various immigration forums have since told me that "that's wrong!" and that all checks have to be separate. You know what? It doesn't matter a damn to them how many checks you send, as long as you pay the correct amount. The things people argue about on immigration forums are astonishingly ludicrous.

My hands got sticky and my face got hot every time I thought about those documents and packets. While I waited for current copies of my birth certificate to arrive from New Zealand and for my husband's company to provide him with letters confirming his employment, I couldn't stand to look at the growing pile of paperwork. I was sure it was all filled out incorrectly. I was sure that using white-out on one of the forms was... well... blasphemous. I'd been a good student and never once gotten into trouble during college, but I was sure I must have done something wrong in the four years I'd lived in the United States.

On the verge of panic, I went to the USCIS's website about a week before I was to file my application. Poking around, I came across a system called INFOPASS that lets you make an appointment to speak with an immigration official about your case. It turned out that I could get an appointment the next day and that the offices were only about 10 miles away.

My initial $250 consultation with the lawyer had been wasted, as the official at Seattle's USCIS office was more helpful and appeared to be more knowledgeable than one of Seattle's more expensive attorneys. From the other side of a counter, he looked through my papers and exclaimed, "Looks like you're ready to file! You just need three pictures of your husband, attached here!" If your case is at all straight-forward (you speak English, you've never been arrested, your marriage isn't likely to be considered fraudulent), then I'd recommend not using a lawyer. If all USICS workers are as good as they are at Seattle, you don't need some overpaid attorney charging you out the nose for what you can do for free.

So I had this enormous packet of papers, photos, earnings statements from myself and my husband (I was permitted to work due to a student training program offered to foreigners who graduate from American schools), tax records, birth certificates, copies of passports, marriage certificates and a form showing how I'd changed my last name in 1998. I took it to the post office and sent it to Chicago. You have no idea how scary that is - dropping every record that justifies that you are you into a postal worker's hands and walking out.

And that's where the process stopped being tough. As soon as they received my packet (they received my packet! Partay!) the Chicago office sent me large, watermarked receipts for each document. They included case numbers and instructions. They were in plain English. With these case numbers, I was able to set up an online account on the USCIS website whereby I could monitor actions taken on the four sections of my case (my husband's petition for me, my  residency application, my employment authorization application and my travel permit). I also signed up for email notification, where important actions, such as approvals and card production orders, would be sent straight to my Gmail account. Email! From the government! Are you fucking kidding me? This is so awesome!

The next notice was for my Biometrics appointment, which is a fancy way of saying "fingerprints and more photographs." I drove back to Seattle's USCIS offices and had another easy experience with its staff. Very soon thereafter, the fun stuff started happening. I received my work authorization card (which was cool, even though my old one hadn't run out), my travel permits (applicants can't leave the U.S. without permission while their cases are pending) and then my notice requesting that I appear for an interview.

The interview. The cold steel benches and mirrored windows. A drooling Malinois parked at the officer's side as he asks you, "what colour is your husband's toothbrush?" Or, as it turned out, the second floor of the Seattle office and a lady in a pink cardigan who, aside from having my husband and I take an oath of honesty, reminded me of my mum. Mum just assumes I'll be telling the truth. We talked about the cost of weddings, how lovely New Zealand is and why Seattle's summer has been so lame. She wanted to see pictures of my Malinois. In front of her, the original application packet I'd sent to Chicago (which had then gone to Missouri) lay face up, showing off my immaculately written notes. She gave us back a section of my initial application because it was unnecessary - I'd overqualified myself. She said, "Well I'm going to go ahead and approve you today... your card will only take about seven days, because we do a lot of this online now."

And then you get up and leave. You go back to your car and drive home, a U.S. Permanent Resident. The email notification system sends you a message, telling you that your card production is underway. Another two emails are hot on its heels to say that a Welcome letter has been sent to you and that your immigrant petition has been approved. The emails were in my inbox before I got home from the interview.

I don't know what I, or anyone else, expected goes on when you try and immigrate to the U.S. Certainly, there can be obsticles, such as poor health, financial instability or a patchy history. I hate the assumption that I went through the immigration process because my country sucks in comparison. Not everyone applies to live between American borders because their homes are atrocious.

I don't have much sympathy for illegal immigrants because the selfish part of me says "I worked and paid for this privilege; why not you too?" I'd also like to make it clear that Mexicans are not the sole form that illegal immigrants take. If I'd graduated from college here, optained my working / training permit that only lasts a year, not gotten married and thus not applied to become a resident, I'd now be an illegal alien as well. I'd also probably not have been found out, as little white girls with blonde hair and college degrees aren't on the nation's radar as immigrants to watch. I guarantee that illegal immigrants are everywhere: it's very easy to become illegal here. It's like watching for Muslims at the airport and then being hijacked by a white boy from New York with a Scottish last name - the South African girl who works at the gym or the guy from Canada who's serving booze at your favorite bar have as much chance of being here illegally than does any Mexican. Many employers won't bother checking the employment credentials of their foreign workers because it just doesn't occur to them how easy it is to come into the United States legally and then "run out of status."

As far as I'm concerned, it's nice to finally be in a country in which I'm a resident again. It's been a while. I have no particular point to make with this piece aside from to tell you what happened to me. It only took three months and twenty-seven days from my filing the packet to being approved. Welcome to America.

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28 Comments

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Informative article with good information. Much appreciated. Written on 21/8/07
Haha, I think that fact that Justin's beating me by 50 comments highlights why people would rather get hysterical about touchy subjects than be shown a non-sensational picture of what immigration, a much demonized and sensationalized process, can really be like. I guess a story about slipping under the border would have been more interesting... maybe I should tell about the time we sneaked into the subway in Paris. Get the French all worked up or something. Written on 22/8/07
If you reminded us that we're all xenophobic racists who only want to rip up families, you might have better luck.

But the truth is never as controversial. Written on 22/8/07
This is a great post. I had no idea what the process was like. I think you've given me the kind of insight that will make me a more informed voter (with a more informed opinion) on the immigration issue.

Blake Written on 22/8/07
Thanks! I wish I'd been able to read a clear account of the process before I went through it, and although some people have kept blogs of their experience, a lot of the writing takes place during the process and is jaded with anxiety over fees, processing times, lack of actions etc. It's more useful to look at the experience as a whole once it's done. Written on 22/8/07
All I can say is thank God for the European Union with its free mobility of people. Now there's a lot wrong with it too but at least they've doen this one thing right:) Written on 22/8/07
The last time I crossed from Italy into France, there was no one at the border, as there had been two years earlier. I was pretty pissed that I didn't get a stamp in my passport. Written on 22/8/07
Nice huh? You can get a stamp too by the way. You just have to ask for it.
Where it really makes a difference is when you want to live (legally) in another country and you don't have to go through the same kind of hassle as in America. (that is of course if you are EU citizen moving within the EU). Written on 22/8/07
Where it really makes a difference is when you want to live (legally) in another country and you don't have to go through the same kind of hassle as in America. (that is of course if you are EU citizen moving within the EU).
You mean like moving from state to state within the United States? Because that's essentially what you wish to compare this to, an over-arching governing body allowing its citizens to move about within its sub-governments. Somehow your analogy doesn't fit the way you think it does. Written on 22/8/07
I think it's okay, and a little different, just because EU countries are still separate nations. However, I think you're probably right in that the EU seem to be trying to construct a state-like system. It definitely makes traveling easier, as does the Euro currency.

Do miss all that funny-money they used to have, though. Buying a sandwich for 4000 lire was hilarious. Written on 22/8/07
Well yeah, it's kind of like the state system but like Jane said, it's still different countries with different nationalities. Most people in America identify themselves as Americans even if they move form state to state (and not as Californians living in Idaho, for example). I don't consider myself French (okay, I'm actually half French and lived here practically my whole adult life) yet I call France my home. And crossing the border from France to Italy is a lot more different than crossing the border from New york to Massachussets.
Now with more countries joining, especially Eastern-European countries, there probably will be a lot of people who wish to go live in France or Germany for very much the same reasons as Mexicans want to go to the US.
Oh and, I didn't wish to compare it to anything, just stating the facts:) Written on 22/8/07
The EU is far from being a Federal Style gov. Written on 23/8/07
That's one of the issues, how to make a Unified Europe and maintain national identities. Written on 23/8/07
Are you sure this isn't just another example of Drivl satire, describing a utopian state where a government immigration department will treat you like a person and keep you informed?

I should send this article to the lovely people at the UK's department of "Borders and Immigration" as an example of how communication IS possible.

Transferring a visa to a new passport has a stated "service" level of "90% of forms completed within 4-14 weeks" (mines been away 8 weeks so far). There is NO progress notification, call centre staff have no information and they don't respond to faxes or letters.

Travel, even for essential business? Sorry, mate. You'll just have to wait for the glacial process to take it's natural course.

You can ask for your passport back for urgent travel, but then you start all over again with another £160 ($320) and another 4-14 weeks. Written on 29/8/07
Holy crap! Yeah, the American system, from my experience, was really super when it came to timeliness and communication. I'm sure there are some horror stories from this country as well, but their infrastructure is sound and they're obviously trying hard to make the process better. Green Card arrived in the mail yesterday. Journey = complete. Written on 29/8/07
Welcome to America, darlin'! Is there a rule on how long you have to stay married? Written on 30/8/07
Lol, actually you have to prove your worth in two years' time. You are a Conditional Resident up until then. I have all the privileges of a Permanent Resident, including the spiffy card, but if I'm divorced in two years or have thrown up any other red flags in regards to my marriage, my application for a ten-year card can be denied.

From what I can see, the system is pretty good at weeding out fraudsters. People probably still manage to get away with it, but there are many procedures in place to make sure you're not gaming the system. And I imagine that the immigration officers see so many genuine people daily that they can sniff out people who aren't for real pretty easily. Written on 30/8/07
Can I contact you for advice when I'm planning my trip to New Zealand (which will happen, I assure you)? I thought about working over there for a little while, but decided against it. I think I'll just go on vacation instead. Written on 30/8/07
A well-wriiten, worthwile read. I've added your informative story to my bookmarks on ma.gnolia.com and passed the link on to friends and family.

Thanks for sharing your personal experience. Written on 27/10/07
Thank you. Well written, informative, and honest. Welcome to the United States of America!! Written on 9/12/07
It's funny you mention Mexicans as the only ones the people seems to think are illegal in the us. You know I'm also resident here. Legal and everything. Yes the paperwork is hellish ... And is funny to me how no one rise a question of my legal status just 'cause I don't look like Mexican ... It is someway sad when people just assume things because some one looks like an stereotype .. :(.

BTW. The paper work to be resident at the EU if you are from another continent or country that is not part of the EU.. is hellish too. Have some friends in the middle of the process there.

Oh and ... I'm here because some company at US needed me here. :) Not just because I wanted to "change" countries or something like that. As same as a lot of immigrants, legal and illegal, we are here because we are needed somehow.

Written on 28/2/08
The fact is the media et al make a brouhaha about the US immigration process because it has been HELL (and still is) for a large number of people. I am an intending immigrant who has been trying to adjust status from H1 Worker status to permanent residency for about a year now via my mom who is a US citizen (this is after waiting six years for a visa number to be available to even start the process). The whole process has been fraught with delays and mistakes. For example, I am now being required to do a second biometrics take, even though I did one 8 months ago and it should normally only be done once. I presume that they somehow lost the data from the first time they did it. When I called the USCIS line, they couldn't tell me why a second appointment was made, only to go to the appointment because it must be needed for some reason. And this is after I did my interview last month and was told I'd get my approval notice 2-3 weeks after the interview, and the green card itself a few days after the notice. Instead, I got the biometrics appointment notice 4 weeks after my interview. In the mean time, I had given notice at my apartment to vacate at the end of this month, and couldn't rescind my vacate notice because the apartment had been rented out to someone else - the USCIS phone line person (Immigration phone line) having advised I not move in order not to prolong the process of me receiving notification and documents from them. See how they play with people's lives due to lack of knowledge of their own rules? This only leaves me hoping that I'll receive the green card after this second biometrics appointment before I leave the apartment at the end of this month, otherwise, all I can do is hope that some miracle happens to prevent my receipt of my approval from being delayed further. I did sign up online for notification, but it hasn't been updated since last year, even though a couple of updates have occured in my case since then. Another reason my case (and so many others) is taking so long is that they increased application fees July 31, 2007, and as a result they were flooded with applications prior to July 31 to beat the increase. Shouldn't they have anticipated this at the time and increased staff temporarily prior to this date? And this is not my first bad experience with the USCIS. My first happened 4 years ago when an immigration officer at my local USCIS office told me I was eligible then to adjust my status to permanent residency. They had me pay the fees and fill out the paperwork, go through the whole process including the medical exam, biometrics, interview, only to be notified a year later that my application was denied because no visa numbers were available (short translation, I should never have applied to adjust my status because the numbers were not available at the time, contrary to what the immigration officer had told me). I tried to apply for residency in Canada as a backup plan, and I had no problems, in fact the whole process took just two years! Whereas regarding my US immigration, I'm on my seventh year from when my mother filed for me, first waiting for a visa number to be available, then eventually applying to adjust status, which is still pending as of now. I just had to reply to this article because one might get the impression that the US immigration process is all peaches and cream, but it is not for a lot of people! Written on 15/7/08
And, conversely, I wrote this so that people didn't get the impression that your story is typical either :) Written on 15/7/08
The tone of your article is kind of flippant (I'm sure not intentionally) towards the fact that people do undergo major problems immigrating to the US. My reply is just so people can be aware of both sides... Written on 15/7/08
This is an entirely accurate account of what happened to me. I've told the truth, as have you. Just because it doesn't line up with what happened to you doesn't make it wrong. I know scores of people for whom the process was also this easy. I'm sorry you had a shit time, but your case is far from normal. Written on 15/7/08
I'm about to go through this. I want to move to the USA from the UK and live with my American fiancée. We're getting married next year.

It's so complicated that it brings me out in a cold sweat. Especially when I read all the horror stories online, so it was nice to read about the flip-side of the coin where it actually went pretty smoothly.

My situation is much more complicated as I have been arrested. I paid for something online in 1999 (when security on the web was poor) and my debit card number was stolen. 4 years later I got arrested for a crime I didn't commit. While they soon realised this, the arrest is stuck on my record for all time to haunt me in situations like this! I only hope US immigration don't make a big deal out of it :(



Written on 19/9/08
It's only my personal experience, but I found them very understanding. I'd *hope* that they'd investigate your arrest well enough to determine that the record is inaccurate. Best of luck! Written on 19/9/08
Have a friend which was unable to see his own recently borned child (borned in US with his mother, my friends wife

mejores recetas españa

) because of the visa was not processed and took several months, incredible.

Shusss Written 3 weeks, 6 days ago

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