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Erin: Welcome to T2A webchat for Wednesday, October 10th. We are meeting U.S. immigration expert Gloria Roa Bodin as she answers questions about how to come to the United States. Gloria is an attorney who has been helping immigrants in Miami, Florida for nearly 30 years. She specializes in visas for extraordinary ability individuals, especially professionals with advanced degrees and internationally acclaimed artists. Gloria is here to discuss how to navigate the U.S. immigration and visa system.
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Marcien, Cameroon (email): When a person has been refused a visa, should he or she contact a friend or a relative in the U.S to help him or her get the visa? In other words, is it possible to make an appeal when a visa has been denied or refused?
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Gloria: Granting of a visa is discretionary. An advisory opinion can be requested from USCIS in Washington, D.C. If it is a tourist visa, re-apply with documents proving no intent to abandon home country.
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Norbert (email): We obtained a provisional passport for her at the local Honduran Consulate and she was able to leave on September 28, 2007. Right now, she’s back in Honduras and we don’t know what our next step is. The lawyer stated that because she was not admissible at the time, she was barred from the US for 10 years due to the fact that she stayed in this country after her 18th birthday and 365 days or more afterwards. But nowhere on the papers provided by the Judge is there anything written about a 10-yearr penalty. Please advise.
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Gloria: Honduran national’s spouse violated three/ten rule. An alien who stays 181 days beyond authorized stay is barred for three years and if stay is more than one year, alien is barred for ten years. Spouse must file a permission to re-apply. Husband needs to apply at the American Embassy in Honduras. Contact Mrs. Bodin at (305) 442-1322
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Nima, Iran (email): Can a private pilot’s license be the equivalent of a bachelor's degree when applying for H-1 visas? Who evaluates this kind of thing?
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Gloria: For credential evaluation contact: Park Evaluation 212-5818877 or Fax: 212-5818875; Email: eval@parkeval.com. I have gotten pilots approved as instructors. Position must require a Bachelor’s Degree. Most pilots do not require Bachelor’s Degree.
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Ibrahima, Senegal (email): 1. I live in Senegal and have a degree that allows me to go to university. I want to immigrate to the US to work, and not to continue my studies because I cannot afford them. Do I have a chance at obtaining a visa? 2.Is it true that if you can speak English, you have a better chance of obtaining a visa?
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Gloria: All university graduates who wish to work in the United States need a job offer in an occupation related to degree. English is essential.
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Wondwossen, Ethiopia (email): I know the problem of Mexicans immigrating to the US is a big issue. However, I believe America’s policy toward movement from the US to Canada and vice versa is more lax than its policy toward movement between Mexico and the US. Is this true – why or why not?
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Gloria: Countries base immigration policy on labor needs and humanitarian concerns.
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Hio, Philippines (email): 1.Can anyone apply for a tourist visa?
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Gloria: Anyone can apply for tourist visa; must demonstrate ties to home country.
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Dr.V.K. Wadia, India (email): When an international student studying in the US gets a job in the US and is required to change his Visa status from student (or OPT) to H1B, he is supposed to leave the United States to get the H1B stamped. Why? What is the logic? Is there a way to avoid leaving the United States to meet this requirement?
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Gloria: An OPT student can apply for a change of status to H-1, if available. Once student leaves the country, change of status is null and void. H-1 must be stamped at American Embassy.
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Simon, Eritrea (email): I am an Eritrean citizen and spend most of my time studying. I’d like to come to America to study. What can I do to make this happen?
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Gloria: Contact school directly to apply for F-1, student visa must show $15,000 plus bank letter.
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Caroline, Kenya (email): I am a Registered Nurse currently working and living in Kenya. Having met all the requirements, I am seeking to immigrate under visa category HB-3. My petition was approved and I got my visa bill and paid for it on September 10, 2007. With retrogression in mind, will it be possible for the National Visa Center to mail my Packet 3 to my agents? Supposing all goes well, how long would it take me to be scheduled for the consular interview and finally relocate? And lastly, when will the bridge legislation be brought before the Senate?
Gloria: Caroline, I will answer your question via email. It's a complicated issue. Thank you for your interest.
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Charles, Nigeria (email): What are some pitfalls / cautions to look for when seeking to immigrate to the United States from a country like Nigeria?
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Gloria: When they apply for the B1 B2 tourist visa they must show ties to the home country or they will be denied. Also if they want to come on an employment visa, they need to come with a job offer.
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Erin: Erin stepping in for a moment to tell you to go to voanews.com and click on the T2A link to go to our webpage. There you'll find a link to some terrific immigration information from Gloria. The link is called U.S. Immigration Information from Gloria Roa Bodin. It is very helpful.
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Erin: Talk about basics of non-immigrant visas.
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Gloria: B1 visa is for business and B2 visa is for pleasure. Must complete forms DS-156 and DS-157 for tourist.
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Mohamed: I have a PhD degree and I'm working as a research associate but my visa (J-1) will expire after one year. I want to extend my stay in the United States (to be immigrant). What is the best way to extend my stay and change my status. Thanks
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Gloria: Changing the status on a J1 is ext difficult. You should apply for an employment-based 2 visa. that is a green card and you could have the green card in less than one year.
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Erin: How does immigration impact the U.S. economy?
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Gloria: The U.S. economy depends on foreign workers whether they are skilled or unskilled. In addition, the U.S. economy depends on foreign investors. Immigrants create jobs. It is a myth that immigrants take jobs away from Americans.
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Gloria: Right now the hospitality and restaurant and medical industries are in dire need of workers. For example, by 2010 there will be a shortage of nurses. We are desperate for foreign nurses.
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Erin: How have the 9/11 attacks and America’s subsequent war on terrorism affected the immigration discussion?
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Gloria: After 9/11, the U.S. government had to secure the borders and we are still trying to secure the borders. Therefore there is strict scrutiny on the millions that are trying to enter the U.S. whether it's to work or to play. For example, professional applicants from countries like Iran will have great difficulty entering the U.S.
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Erin: Give us some more good basics on visas...
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Gloria: Another very important visa is the E1 E2. Individuals doing substantial trade for investing in America should enter on these visas. Another one is the H1B. That visa is presently closed and will re-open in April, 2008. The cap is 65,000 and all those numbers were used up immediately on April 1, 2007. If the job offer is with a non-profit organization, there are still visas available.
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Erin: Immigration problems have been present in the US for a very long time. Why are immigration issues, especially Mexican immigration issues, such a hot political topic?
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Gloria: We've always had immigration issues, for example in the early 1900's it was the Chinese and later on through Ellis Island, many people were sent back. Those from Mexico are simply the latest to have this impact. Another complaint is that now with modern technology, those who enter from Mexico send the money back home and return home, so it is a myth that they do not help the U.S. economy.
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Erin: Do illegal immigrants in the U.S. have any rights?
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Gloria: Since the 1990's, new laws were passed, giving illegal aliens very little rights. An illegal alien can now be deported with very little due process. In past years, one could have sought a hearing at the airport and gone before a judge. Now these individuals are summarily sent home.
Gloria: Political asylum is not granted as easily as it used to be. Previously, one entered through the airport, requested asylum, received a hearing and received employment authorization. Now, unless one can show a well-founded fear of persecution at the airport, they will be sent home.
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Erin: How difficult is it for recent immigrants to find work in the US and become part of society?
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Gloria: Recent immigrants who enter, for example, on a tourist visa, and wish to stay must either have a job offer or make an investment in a business. It is not so easy to remain in the U.S. but check the list of visas that we have posted on the T2A webpage on voanews.com and see if you qualify for any of those categories. You also can go to my website: www.gloriaroabodin.com
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Erin: Talk about the challenges Congress has in dealing with immigration.
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Gloria: The greatest challenge is securing the borders, to prevent criminals, drug traffickers and terrorists from entering the country. The next challenge is granting residency to 12 million to 25 million illegal or undocumented people in the United States. There is hostility by some toward granting amnesty because it is believed that these individuals take jobs from Americans, do not pay taxes, have negative impacts on our socio-economic system.
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Erin: What are most immigrants seeking when they come to America?
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Gloria: Right now I'm seeing a lot of immigrants looking for a stable government, for example, Venezuela, where many are afraid of the new government there. Most immigrants, just like our forefathers, seek the American dream, a better economic situation, education, housing to improve their lives.
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Erin: Compare immigration policies of the United States with those of other developed countries.
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Gloria: France is having difficulties with the Muslim population for example. These immigrants have not assimilated and now there are problems. The same is happening in Germany and Great Britain, with Middle Eastern immigrants that now are not wanted. The U.S. has challenges with Mexicans. Many countries are having difficulties with immigrants. Also the Netherlands is having troubles. Countries like these want to curtail or limit immigration.
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Erin: Talk more about the lottery system...
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Gloria: The diversity visa lottery for 2009 is now open from October 3, 2007 until December 2, 2007. You can learn more about this on voanews.com and click on the T2A link where you will find U.S. immigration information from Gloria Roa Bodin. Here's a helpful link: www.travel.state.gov you can apply there electronically.
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Gloria: Every year, the U.S. government allows millions of people to apply for a green card and from that number, 55,000 are given applications. So the first 55,000 who qualify receive a green card.
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Erin: Talk about the backlog in processing
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Gloria: The backlog is called retrogression and because only a certain number of visas are granted each year, the categories become backlogged. Right now a popular visa is employment-based 3, which is backlogged to 2002, so it could take years for those applicants to qualify for a green card. There are different preference categories so a certain amount of visas are granted in each category and a helpful website for his again is www.travel.state.gov so you can go there to see how the preference categories are moving.
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Erin: You have a book called How to Learn Immigration in 24 hours. Is it truly possible to know everything, especially when laws change? What about immigrants who want to start their own business in the U.S.?
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Gloria: This is basic immigration and if you spend 4 hours a day for 6 days, you will learn the basics. It also has samples of forms and the most important thing to know is www.uscis.gov where you will find official information and current forms as well as passes to schedule to see a U.S. immigration official to discuss the process.
Gloria: The L1, which is called inter-company transfer and the E visa, are critical here. If you are extraordinary in the sciences, the arts or business, there is the O-1 visa. These are the important visas for those coming to continue professional jobs. There is also one for media representatives in which an employer letter is required...that is the “I visa”, for information media representative.
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Erin: That wraps today’s T2A webchat with immigration expert Gloria Roa Bodin. Thank you Gloria and our thanks to you for your terrific questions. We hope you’ll join T2A next Wednesday, October 17th at 18 hours universal time, when we meet Pulitzer Prize winning journalist and author Rick Atkinson. He discusses his latest book, In The Day of Battle. It follows the American and British armies as they invade Sicily in July 1943, attack Italy two months later, and then fight their way, mile by bloody mile, north toward Rome. That’s Wednesday, October 17th at 18 hours universal time on voanews.com. See you then!
Back to Past Chats
On Wednesday 10 October 07, at 1800 UTC, Immigration attorney and VOA favorite Gloria Roa Bodin returned to T2A and answered questions about how to come to the United States. 