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Erin: Welcome to T2A chat for January 9th. We’re discussion how to navigate the U.S. immigration and visa system with attorney Gloria Roa Bodin, who is in Miami, Florida. Gloria has been helping immigrants for nearly 30 years. Her area of expertise includes visas for those she describes as extraordinary ability individuals, especially professionals with advanced degrees and internationally acclaimed artists. Thanks for joining us Gloria. Let’s start by talking about how you can help potential immigrants find jobs because we understand you are not able to provide the actual job offer.
Gloria: To enter the U.S. on a temporary or permanent resident visa, you need a job offer -- unless you have a close relative who is a U.S. citizen or who is a permanent resident. You should prepare a database for employers in your industry -- for example, there is a shortage of pharmacists, so you can send your resume to drug stores. Remember that some occupations require a license. Another method is the internet job search engines that provide employment information, like monster.com and careerbuilders.com and obviously friends and relatives who can obtain a job offer for you. I have a book available to you on How To Learn Immigration in 24 Hours available and T2A can send the book to you. It is a summary of all the visas.
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Anil, India (email): What are the rules if someone from India seeks to settle permanently in the United States due to employment?
Gloria: You need a job offer in order to obtain a temporary or permanent visa. The temporary work visas are: H1-B1 L1 O1 H3 J1 The problem with India for the Green card is that the employment-based preferences are backlogged. The employment-based 2 (EB2) visa for exceptional professionals is back-logged until January 1, 2000 and the EB3 visa is back-logged until May of 2001. Please go to the State Department Internet page for more information. www.uscis.gov
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Andrianavalomalala, Madagascar (email): What is the appropriate type of artist that meets U.S. immigration standards and explain the process to become an American Citizen.
Gloria: Artists are eligible for O-1 and EB 1 extraordinary Visas. He/she must demonstrate three of the following forms of documentation: a. Perform a lead, starring role in production or events b. Achieve national or international recognition for achievements c. Perform a lead, starring or critical role for organizations with distinguished reputation d. A record of major commercial or critically acclaimed successes e. Commanded or now command a high salary f. Other comparable evidence
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Kemal, Ethiopia (email): Are there specific U.S. immigration policies regarding Africa? It seems it is especially difficult for Africans to get visas.
Gloria: Each U.S. consul looks at cases individually. The problem here is that a lot of the applicants are not entering the U.S. for temporary stays, but rather for permanent stay. This is because of the socio-economic situation in Africa. Therefore, there is a higher rate of denial when the consul official thinks that the applicant wants to stay permanently. The best way to enter from Africa is with a job offer or an investment visa.
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Subhash: If a U.S. citizen files a petition for a family member and it takes a number of years to process and the U.S. petitioner dies, what happens then? And can the family member also come to visit while the petition is under process?
Gloria: If the petitioner dies, the application dies with the person unless it is a U.S. citizen's spouse -- a widow or widower. While an application is pending, the family member with a tourist visa can enter but may be stopped at the border because the visitor no longer has the intent to temporarily visit in the U.S. Further, if there is a permanent resident petition pending, the tourist visa at the embassy will be denied.
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Sergio Augusto Ramos dos Santos: About DV program, I've been applying since 1994, but Brazilian citizens are not eligible because of a rise of immigrants that have applied for legal status. Since most of them were illegal once, should we conclude that is not a good idea to keep waiting until Brazil becomes eligible again? Or is there still a chance to become an American citizen?
Gloria: I would not wait for Brazil to come back on the list. The government (U.S.) has decided that too many applicants from certain countries have applied, thus they will no longer be allowed to apply for the lottery. It could take years to get back on the list.
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Imma Okochua, Nigeria: 1. Are there genuine chances for prospective immigrants outside the visa lottery, which I have refused to partake in? 2. Does this privilege extend to people from Nigeria who qualify? 3. Is there an age limit? 4. Must one have a contact in the USA in order to qualify or succeed? What is the estimated cost in dollars for the process? 4. Is America not concerned with what immigration from non-western style civilizations will do to the “America Dream” or is the destruction of current American culture and core values part if the longer term American dream?
Gloria: You need to go to the Internet and look at the diversity section for the best answer: www.uscis.gov
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Erin: Give an update on the status of the H-2B visa program
Gloria: Employers who hire seasonal workers, including hotels and restaurants, and agricultural workers such as farmers are in desperate need of this visa. It will open up in April for October 1, 2008. Millions of dollars are being lost because there is no way to bring in these workers. Congress must do something about this, as well as other immigration issues. U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the H-2B cap of fiscal year 2008 (FY2008). January 2, 2008 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008. Petitions for workers who are currently in H-2B status do not count towards the H-2B cap. USCIS will continue to process petitions filed to: Extend the stay of a current H-2B worker in the United States; Change the terms of employment for current H-2B workers and extend their stay; or Allow current H-2B workers to change or add employers and extend their stay. More information about the H-2B work program is available at www.uscis.gov or by calling the National Customer Service Center at 1-800-375-5283.
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Erin: What is the proposal for a new rule to replace permanent resident cards?
Gloria: Individuals who have green cards with no expiration date will have to replace them with a ten-year green card. For now permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required. After USCIS has reviewed and considered the comments generated by the proposed rule the agency will publish a final rule. A long time ago there was no expiration date on the green card and the green card was actually the color green. It is no longer the color green and the U.S. government is mandating a 10-year green card. In the next month or so, a rule could be passed to require everyone to have a green card that expires 10 years from issuance.
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Erin: Talk about increased application fees for non-immigrant visas…
Gloria: In July 2007 fees were increased, see USCIS.gov and as of January 1, 2008 the State Department increased non-immigrant visa applications from $100 to $131.
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Imma Okochua, Nigeria: Does American law welcome or merely tolerate immigrants?
Gloria: America is a land of opportunity and has always welcomed immigrants. Hwever there are rules to govern stays, whether temporary or permanent. But it is still the land where one can achieve their American dream.
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Sergio Augusto Ramos dos Santos: So, what about us in Brazil who have never tried to enter in the U.S. as an illegal. Is there another way to apply for citizenship? It does not seem fair.
Gloria: You must first become a permanent resident before becoming a citizen. If you were in my office asking how you could enter the U.S. permanently, I would encourage you to obtain a job offer and enter on a temporary work visa. If you should meet and fall in love with a U.S. citizen, you are also eligible for the green card.
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Erin: What are the main new elements in the updated guide for new immigrants offered by the U.S. citizenship and Immigration Service?
Gloria: The U.S. Citizenship and Immigration Services (USCIS) issued a news release on December 11, 2007, announcing the release of an updated version of Welcome to the United States: A Guide for New Immigrants. The new edition of the guide includes information essential for maintaining lawful permanent resident status in the United States. For more information see USCIS.gov 5. Can undocumented immigrants get a green card through a lottery? No. 6. What are various ways to obtain lawful permanent residency in the U.S.? Employment Based Residency – EB 1 to EB 5 Family Based Residency – Immediate relatives US citizen spouse parent and child and Preferences System 1 to 4. Go to: http://travel.state.gov/visa/frvi/bulletin
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Erin: Can undocumented immigrants get a green card through a lottery?
Gloria: No, see previous answer
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Subhash: If a couple lived and worked in the u.s. for some time and returned to their home country, but they had a child in the u.s., can the child sponsor the parents in the future?
Gloria: Yes, at the age of 21, the child can sponsor the parent.
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Erin: What are various ways to obtain lawful permanent residency in the U.S.?
Gloria: Employment Based Residency – EB 1 to EB 5 Family Based Residency – Immediate relatives US citizen spouse parent and child and Preferences System 1 to 4, go to: http://travel.state.gov/visa/frvi/bulletin
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Tayyab Ajmal: Why is Pakistan not eligible for DV 2009? Many entrepreneurs wish to do business in US but there is too much scrutiny for non-immigrant visas so should the entrepreneurs abandon their application?
Gloria: Right now with the situation in Pakistan the American Embassy will scrutinize each applicant strictly. However, the businessperson can still apply for the E Investor Visa, the EL1 inter-company transferee, the O Extraordinary and green cards based on job offers. If the Pakistan businessperson is visiting in the U.S. and is a professional with a job offer, it is easier to get a green card or temporary visa. Don't give up!
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Erin: Please clarify the change of status situation involving a Pakistani businessperson already in the United States as a visitor and their chances of getting a green card.
Gloria: Kumar is a student from Pakistan (for example) who graduated and has a master’s degree. He has a job offer. He can change his status from student visa to an H1 visa. At the same time, he can apply for employment-based 2 visa. That category will give him a green card in about one to one-and-a-half years. This is under a labor certification and adjustment of status. The problem we have is when the national from Pakistan is not a professional. Then there is a limit to how long they can stay because the green card for non-professionals is backlogged.
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PJE: Can people from the European Community work in the U.S. without a work permission?
Gloria: No one without work authorization can work in the United States. A lot of visitors enter on a 90-day visa from the European Community. For that 90 days entry, they do not need a visa stamped in the passport. However, they cannot work. They must go home before the 90 days expire.
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Sergio Augusto Ramos dos Santos: Love in exchange for a visa? It sounds not legal. Anyhow, what skilled workers? Is it true, after graduation from an American university we are allowed to work temporarily in US?
Gloria: Love in exchange is not what I said. I said you must enter into a good faith marriage. Then you would be allowed to petition for a green card. This further clarifies my earlier reply. Once a student graduates he or she can apply for practical training, opt for one year and thereafter, if they have a job offer, they can apply for an H1 professional visa granted for 3 years and then another 3-year extension. During that time the person can file for a green card, based on a labor certification or a good faith marriage.
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Erin: What impact do you see the immigration debate having on the U.S. presidential contest?
Gloria: Senators Clinton, Obama and Edwards for the Democrats and Senator McCain for the Republicans support comprehensive immigration act reform. However, this will be a very important issue, as we get closer to November 2008. President Bush tried to introduce a comprehensive immigration reform, which was dismissed by the Republicans and the Democrats as not good enough. I believe that the candidates must specifically address this issue. Right now in the U.S. we have over 12 million undocumented workers. They are being fired from their jobs and are driving around without licenses and insurance. As I explained before, farmers depend on temporary workers and they have had to let go hundreds of workers. We need to do something about this situation and at the same time secure our borders.
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Alex in Russia: What do you mean by professional and what degree should that person have?
Gloria: Professional is a person who holds a bachelor’s degree or its equivalent. Under the U.S. immigration rules, a person who has 12 years of progressive managerial experience is also considered a professional. That degree can be any degree that gives you a B.A. or B.S., a four-year degree and in certain countries it's a five-year degree. All foreign degrees must be evaluated by a credentialed evaluation company to ensure it is the equivalent of a U.S. degree.
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ARSLAN: I want to ask about how to apply for a student visa. I have done I-COM (Commerce) and I wish to go London for further studies (Bachelor). Can you invite me as student legally on your fees? How much is that?
Gloria: All students must apply to the school or university that issues a certificate of eligibility or an I20. The attorney cannot do this. Write to your school of choice to the foreign student admissions office and request information. This can be done on-line. There are certain financial requirements as well as academic requirements.
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Erin: What are the most common scenarios involving immigrants who want to bring family members to join them?
Gloria: One is a U.S. citizen obtains a green card for his spouse. She has two minor children in Brazil. In order for them to enter, the U.S. citizen's stepfather must file an I130 petition with the immigration service. Thereafter the case will be processed by the American embassy abroad. The initial form is I824.
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Sergio Augusto Ramos dos Santos: So, a H1 visa status is possible? But, since my major area of study is Political science, I don't think I may find a position to practice, could you imagine me applying for an internship or summer job at Dept. of State?
Gloria: Someone with a political science degree still can obtain a job offer in the business community by providing copies of his transcript and indicating classes that are related to the job offer. For internships at the State Department, you must check their webpage. I have not myself heard of State Department internships for foreign nationals.
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Erin: How does an applicant monitor their case?
Gloria: Once the case is filed the USCIS issues a Receipt Notice Form I-797 with the receipt number status can be checked at USCIS.gov The receipt is very important and on that web page, you will be able to obtain status and the receipt also has a 1-800 phone number for you to call. It takes a while to get through but it is worth the effort.
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Erin: How can an applicant get their case expedited – what are the conditions that warrant an expedited application?
Gloria: See www.uscis.gov/expedite criteria such as: Severe financial loss to company or individual, extreme emergent situation, humanitarian situation, etc. In our office, to get a case expedited, we have the client write to their congressperson. The congressional leader does not want to hear from the attorney but they do want to hear from the potential constituent. There are individuals at the immigration service who specifically respond to a congressperson's request for status. So for example, in my jurisdiction in Florida, Senator Bill Nelson will receive a written request from the client and he will respond. I am very impressed with his office as I am with other congressional offices that respond to these inquiries.
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Alex in Russia: Can my friends cover my expenses for my application?
Gloria: When you apply for a tourist visa to enter the U.S., B2, it is important to have a friend or relative who can provide an affidavit of support, including tax returns. So yes, they can cover expenses, but you must also prove that you are employed in the home country and possibly provide bank accounts and other proof that you do not intend to abandon your home.
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Erin: What are the main factors employers should know about hiring immigrants?
Gloria: Form I-9 must be completed with proof of citizenship permanent residency or work authorization. The U.S. government is reminding employers that after Dec. 26, 2007 failure to provide a form I-9 for each employee will subject the employer to penalties. Penalties mean fines or jail. Recently I received a call from an employer, a farmer, who is letting go 70 workers because he does not want to be fined. Hundreds and hundreds of workers are being fired because the employer does not have proof that the workers are authorized to work in the U.S.
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Erin: Further explain how an applicant can have their case expedited.
Gloria: If he or she suffers severe financial losses, or if the employer might suffer severe financial losses -- and for extreme emergency situations like if someone is dying of cancer, they may want to become a citizen and cannot wait a year for the application to be finalized -- humanitarian situations.
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Erin: Do petitions for family members also fall under the category you just discussed -- suppose a U.S.-based petitioner wants to have an ill family member come over or the petitioner is ill?
Gloria: The key here is you can apply and it will be reviewed on a case-by-case basis. I've had situations where the person is seriously ill and the embassy did not issue an entry document. The immigration is arbitrary and discretionary.
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Gloria: I have more to say about marriage of convenience. Remember, a marriage of convenience that is not for good faith, constitutes fraud. Don't do it. You will not pass the marriage interview.
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Erin: That wraps today’s T2A chat about coming to the United States. Please send your questions to Gloria directly to her at this email address: gglobo@aol.com and remember you can find lots of answers at the U.S. immigration service website: www.uscis.gov, our thanks to immigration expert Gloria Roa Bodin and to you for joining us. We hope you can join us on Wednesday, January 16th at 18 hours UTC when we meet the Commissioner of Major League Soccer, the top-flight professional league in the United States. Don Garber was named Commissioner in 1999 after spending 16 years with the National Football League. VOA Sports Editor Parke Brewer also joins T2A. That’s January 16th at 18 hours UTC right here on voanews.com See you then!
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