The insanely confusing path to legal immigration, in one chart
washingtonpost.com
washingtonpost.com
Here's some of my recollection of it:
I remember spending many 5am mornings standing in a line outside the immigration office with my wife, only for the daily quota of people allowed in to max out and not be able to get in the building. More infuriating is that people who made it in the previous day were given paperwork to let them jump the line.
If you made it in, you simply stood in another line, so long that it wrapped around the lobby, and then up into the emergency exit stairs, then wrapped around the next floor then back into the stairs until you made it into the waiting area -- this was usually around noon.
If you left the line for any reason (since 5am!) for food, bathroom, anything, you lost your place.
Here you were met bruskly by a security guard who spoke rapid slang to all of the immigrants and she spot checked the paperwork. If anything seemed incorrect or they couldn't answer her questions (which even I had a hard time understanding) they were kicked out of line). A second desk of immigration officers then fielded complaints in the 20 or 30 languages of the people who were kicked out after waiting 7 hours but it mostly served as a place the officers could take a break and watch TV.
If you made it past that gauntlet you took a number and had to sit on the floor since the waiting area had at least 2 times as many people in it as it was designed to hold. Every 20 or 30 minutes a security guard would walk around and force people to stand up yelling "no sitting on the floor!". But after 7-8 hours of standing there weren't many people who followed that.
Most likely, after watching the call numbers for a few hours (and seeing only one or two windows actually providing service), they'd shut down for the day and you'd get a raincheck with a day to come back (where you could then jump the morning line and get directly into the waiting room).
After returning on your raincheck, and waiting a few hours more, you finally get up to a window, only to find out that either:
a) you brought the wrong, but incredibly similar, documentation (you filled out the relative sponsorship rather than the spousal or some such)
b) you brought the correct documentation, but they no longer accept that revision of the form. There is, in fact, an older version of the form that you didn't fill out because you figured the newer one would be more correct, but that's the only one they accept (and later when you return you find out that either they've reverted back to the new form, or you didn't fill out the addendum PDF you didn't know about that makes up for the gap in information that the new form was supposed to remedy
c) they simply don't like how you filled it out, you could return on another day, see a different immigration officer and have them accept the paperwork right off the bat
d) some of the required documents simply don't exist in the immigrants country of origin and they won't accept the equivalent (for example, my wife's native country doesn't use birth certificates)
d) you did everything well enough for the person working the window that day that they accept it. If you are lucky you are at the part of the process where you get a verification serial number of some sort that you are supposed to be able to use for them to look up your case for status checks etc.
Bear in mind that quite often the pile of papers you just gave the officer has the only existing copy of some of the legal documents, many of which are irreplaceable or extremely expensive and time consuming to replace. You are supposed to get these back at some point. In the meantime these documents are now unavailable for anything else that might require them. In our case this mean lost jobs and tens of thousands of dollars in lost wages.
The receiving officer unceremoniously dumps this precious cargo into a bin with a huge mishmash of other odds and ends. It could be a trash can or it could be the proper receiving bin, who knows? They assure you that by law processing this step must take n-days.
At n+180 days you start to panic. Calls to the number they gave you result in several hours of on hold time only to be told that they can't provide you with a status update.
At n+270 days they call you back because of a problem with your documentation. You go through the drill described above, usually taking one to two days of waiting in line to be told that
a) they can't find your file so you'll have to redo all of the documentation again (but those original one of a kind documents!). Don't worry, they assure you, they'll turn up.
b) they couldn't verify the address for her sister or some such nonsense, who of course has moved sometime in the previous 11 months, or god forbid a relative drop dead and you have to figure out how to get a death certificate into your file.
Either way, you'll have to spend yet another day or two standing in line.
Eventually...and this is back when they did work permits for green card applicants...you'll get a flimsy hand glued id card for whatever it was you were applying for. My wife had to go through the process 3 times on work permits, each time with the INS missing their legal response date by months, before finally getting called in for our green card interview.
Here, because up to this point you've received virtually no communication whatsoever from immigration, you do what everybody does, pile various artifacts from your life together, and memorize each other's toothbrush colors, where you then go and wait in line, only now with a box of stuff that'll have trouble making it through security, for a day or two. At the end you find you that it's not actually the interview day, this is the day they need you there to schedule the interview.
You return months later. In the meantime you get a letter that the medical checkup has expired since the process is taking so long, and your wife needs to go get another expensive checkup from one of two carefully selected doctors that the INS uses. This results in a multi-week position on a waiting list, only now you find out that your green card interview is happening before the doctor's appointment. In a blind panic you make dozens of phone calls trying to sort this out to no avail - but it doesn't matter anyhow, because what nobody tells you is that it doesn't matter, after the interview you can just submit the new checkup with an addendum form they won't tell you about. But you find this out much later.
There's no appeals process too which makes all this fun, so when immigration screws something up (they will) you have effectively no resort. You just hope they don't fuck anything up too badly.
Finally, after waiting in line for another few hours, you make the interview, where the officer looks at you and your wife says, "I believe you're married" (so you didn't have to bring anything at all anyways, you've just been lugging around 40 pounds of mementos for 4 days for no reason).
Now repeat the above nightmare for the citizenship application and you can see why it's so hard to legally immigrate.
Oh, and suppose my wife's friend wants to immigrate, but has no current job applying for her visa status and no relatives (she'll be the first generation ever in the U.S.). How does she get in? She doesn't! There simply is no path to immigration for this person. Sure she has a Ph.D. in Pharmacology or some such, but immigrating here and then looking for a job is simply not possible.
edit this was in 2001, I've heard the process has been improved greatly since then, our finally few visits for citizenship were smooth sailing in comparison to our early experiences
Nice to know they've improved.
Back when we did it it literally was easier to stay illegally.
This is in Iowa of course, in a town full of professionals and University faculty and staff. Maybe its different in a big city somewhere.
It was a nice ceremony, not quite as big a deal I think as your sister-in-law's, but still very Norman Rockwell in a way.
We jumped back and forth between Texas and Mexico 3 times. I like to say I'm 4 times illegal (Honduras, Guatemala, Mexico, USA) and then kept doing it afterward.
In the early 2000's we were granted amnesty as part of a larger Nicaraguan-focused program. We'd been here for ~20 years. No way to proceed other than living in the shadows.
Anything to help people better themselves, I'm all for it!
The process itself is tedious and can cost, but I think it is worth it. I went through it helping my wife get her green card a few years ago.
I know many people who just didn't want to deal with the process and hired a lawyer to do it for them.
The whole process took about 5 months and included a visit to an office where they take your fingerprints and ID, a separate visit to a designated doctors to have a full medical and then a trip to a large city for an interview with the immigration officer.
For the interview my wife any I were the only ones in the waiting room without a lawyer or large binder full of supporting documents to prove our marriage. We just had a 5 minute chat with the officer which went quite naturally and he approved us right there. 7 days later a green card arrived in the post.
I tell my story to give a real example of immigrating here. I'm from one of the US 'allies' countries, no bad history, good job etc. When I look back now it didn't seem so bad but at the time there was a lot of stress and expense and that's just for one of the 'easier' paths.
edit: I've been through it myself. "Insanely confusing" is spot-on accurate - the process of answering each question on this graph is confusing in and of itself.
That chart is a serious oversimplification of the actual process. Even knowing which steps to take and which forms to fill out -- among many with similar, obtusely worded instructions -- takes much more effort than following a flow chart.
It's even more complicated because the feedback loop is vague and it _very_ slow. If you fill out a form wrong, or don't include the correct supplemental materials -- which, again, are described in a language which somewhat resembles, but really isn't, regular English -- then (1) you will be waiting weeks or months to find out, (2) a mistake could result in outright rejection, and (3) if you're not rejected, then any explanation of deficiency you may get will be, again, vague and bureaucratic.
My opinion is based on my own experience with the short paths on that chart: I married a non-American. I can only imagine what it's like for those on the other routes.
Good luck!
I moved to the U.S. in the Fall of 2003 (nine and a half years ago!), to enroll as an undergraduate at Stanford University. I graduated in 2007, and have since worked as a software engineer at several high-profile tech companies. I was an instructor for a class at Stanford. I've spoken at many technical conferences and meetups. I've been asked to review technical books and have received inquiries from publishers about authoring technical books (but declined). I've created and contributed to many open source projects. I've never been convicted of a crime. I make a six figure salary. I pay my rent, my bills, and my taxes. Thankfully, I've been able to get student visas and work visas to allow me to do all this.
However, even after nine-and-a-half years of this, I am not a single day closer to having a permanent legal status in the U.S. than I was the day I arrived for college. In fact, if I applied for a green card today, I could get deported. and denied entry to the U.S. for the next ten years[1]. Why? Because my current visa status is a "non-immigrant visa", and showing "immigrant intent" (such as applying for a green card) would be a violation of my visa status.
I'm even in a long-term committed relationship with a U.S. citizen (4.5 years now), but disclosing this to an immigration official could also get me deported. Why? Because it's a same-sex relationship, which the federal government is forbidden from recognizing for immigration purposes by the Defense of Marriage Act (DOMA), so my partner cannot sponsor me for a green card. Yet the mere existence of such a long relationship could be construed by an immigration officer as "immigrant intent" and a violation of my visa status.
But I have a great, well-paying job with an employer that appreciates me and wishes for my continued stay in the country, surely I should be able to get an employer-sponsored green card? Well...
First, I would have to change my visa status, because my current visa status doesn't allow me to apply for a green card.
Second, the green card process is expensive. Tens of thousands of dollars in government fees and lawyers' fees. I would gladly pay the money (it's worth it), but that would be illegal. My employer has to pay. They can't deduct it from my wages, that would be illegal. They can't pay me a lower salary than my fair market salary, that would be illegal.
Third, the green card process is complicated. My employer has to post a job opening and advertise it widely. (Like, in newspapers. Yes, newspapers.) They would have to interview candidates to fill this opening who are U.S. citizens or permanent residents. They would have to find that all these candidates are unsuitable for the job opening. They would have to thoroughly document this process.
Fourth, the green card process takes a long time. Even after all this, there's a lot more waiting. As a Mexican national, software engineer, with a bachelor's degree from Stanford, assuming everything I described above went swimmingly and I've managed not to get deported, it would probably take me another ten years of waiting before being granted that green card.
Oh, and in the mean time... I can't quit my job. If I do, I get to start all over again. (When was the last time you spent 10 years at a single employer?) Every time I cross the border I'm treated like cattle (if I'm lucky) or a terrorist (if I'm not). Every time I renew a visa I'm treated like I'm trying to defraud the U.S. government. Every time I renew a visa I have to deal with the worst bureaucratic nightmare you've ever imagined. You can be given an appointment at a consulate for a specific time (9:10am), and yet have to wait outside in line for hours. I've waited in 120F heat. I've waited in rain. You're not allowed to bring cellphones, car keys, or even wallets into the consulate. (But how do I get home? They don't care. How do I let someone know to pick me up? They don't care. How long will it take? They don't know, and they don't care.) Each individual immigration or consular officer has total discretion to deal with my case. If that individual is having a bad day and doesn't like the look of me, they can deny me a visa or entry into the U.S. and make it basically impossible for me to ever get a visa or be allowed entry in the future. If that happened, I would have no ability to appeal to the U.S. judicial system. (There are separate "immigration courts" set up under the executive branch, where due process is laughable.)
And yet I'm among the lucky ones. I've been privileged to study at great schools, work in great companies, in a growing field that is in high demand. Most people don't get it this easy.
[1] Denied entry under _any_ visa. I couldn't work in the U.S., I couldn't study in the U.S., I couldn't visit family in the U.S., I couldn't vacation in the U.S., I couldn't even wait in a U.S. airport for an hour before getting on a connecting flight.
Don't get me wrong, the process is a horrible pain in the ass and needs vast reforms, but it's not much more painful than a complex tax return. If you go the lawyer route, I imagine it's pretty smooth sailing.
I'm sure you can find some oddball exception like Obama's undocumented Auntie Z who lives high on the hog in some palatial public housing unit in Boston, but these indict stupid entitlement programs more than lax immigration.
I'm not claiming that limiting entitlements to immigrants is in any way unfair. If they don't like the deal they can move back home. I do object to this topic as a specious support for the "War on Immigration".
>>>> but these indict stupid entitlement programs more than lax immigration.
That's my whole point - entitlement programs and free immigration can not coexist. We will have to choose one or the other. Most welfare states choose the former.
>>>> I do object to this topic as a specious support for the "War on Immigration".
There's no such thing. Thousands of people legally immigrate to US each year, and there's no serious politician that opposes immigration as such.
Why on Earth would we do that? Stupid entitlement programs coupled with expanded immigration might be problematic, but there is no moral principle that states we must have stupid entitlement programs. It's not as though we drop entitlements from airplanes; people have to sign up for them using real official documents. It wouldn't be difficult to say e.g. "no Section 8 housing for people on a work visa". If you don't like entitlements then free immigration would be a good argument to use in recruiting nativists to your side.
Immigration for a wide range of potential Americans we'd be wise to welcome is far more difficult now than it was fifteen years ago. That is why it's a "War on": the prison, LEO union, and armaments lobbyists only get paid when they make our authoritarian oppression more extreme than it already is. Cf. the Wars on Drugs, Terror, etc.
>>>> It wouldn't be difficult to say e.g. "no Section 8 housing for people on a work visa"
It would be. Section 8 is introduced because people feel that poor people that can not afford housing need to be helped. If you don't help poor people that can not afford housing, there's no point of having Section 8, so once these people are here, there always will be a push to provide them with the same benefits - for exactly the same reasons we provide other people with the same benefits. Poor people do not need shelter less because of visa status, and do not suffer less. If you do not want to tolerate such suffering in America - you would have to provide the benefits.
>>>> Immigration for a wide range of potential Americans we'd be wise to welcome is far more difficult now than it was fifteen years ago
Could you back it up with some data? As somebody who recently went though an immigration process and who have read a lot of immigration forums tracking what happens in the process, I got the impression the matters are actually improving lately (and they were not very good not because of some conspiracy but because of huge inefficient bureaucracy, which were made slightly more efficient in later years). In any case, I am seeing every day dozens of people who successfully immigrated in recent years. In what aspect it is "far more difficult now"?
That being said, the EU introduced the free movement of labor, so it's going at least in the right direction :)
As a practical matter, I actually prefer that they check my passport before an international flight, just as a last reminder. Certainly wouldn't want to fly all the way to Japan thinking that I had my passport, then, whoops!
I made it all the way to the green square at the bottom, following a long path along the left-hand edge. The process is a mind-boggling Rude Goldberg Machine governed by arcane and seemingly arbitrary rules riddled with exceptions. Having an excellent lawyer is both helpful (obviously) and depressing (in that it reveals just how many hidden controls are embedded within).
The worst part is the long wait time when you have absolutely no say in the outcome, basically at the mercy of a remote faceless bureaucracy that can decide your fate and enforce it.
Welcome to the American-style of governance. Please see the DMV for your drivers license and then stop by the IRS to try your luck at the tax code. You will need documentation for everything. The appeals process exists, but is largely pro forma. If you comply successfully enough you might even get to join a homeowners association one day.
The pdf deeplinked to at the bottom is from this Reason blog post [2] (which just adds some attribution, no extra info)
[1] http://immigrationroad.com/blog/immigration-flowchart-a-road...
[2] http://reason.com/blog/2008/09/24/new-at-reason-mike-flynn-s...
http://reason.org/files/a87d1550853898a9b306ef458f116079.pdf
Also the travel restrictions for those with L-1 visas need to be reviewed, it doesn't makes sense that one you're approved with a L-1 visa in the US you need to go through another approval process in your home country if you want to travel outside the US.
Admittedly, the chart doesn't include the extra step of having to qualify for an L-1. At least for the L-1A, you'd need to have worked for a subsidiary for 1 year before being granted the visa.
The good news is that once you have the L1, then you can follow the EB1 or EB2 paths on the far left hand side.
Illinois Governor Patrick Quinn just signed a law (with Chicago Mayor Rahm Emmanuel's backing) giving illegal immigrants drivers licenses and car insurance.
Surely we can come up with a less brain-dead way of encouraging immigrants to participate in the legal process than intentionally making our own roads less safe? Perhaps by making that process simpler, with more tangible benefit for those taking part. The changes you cite are an example of that. This "War on Immigration" crap is motivated by armament and prison suppliers.
The insight is I'm quite certain I could not walk north into Canada and do the same.
Simply read what he wrote dispassionately without hearing imaginary dog whistles and its basically literally correct, there is little point in legal immigration for many people.
Now if that's good or bad, is where the psuedo-political sloganeering begins.
The USA does poorly in comparison with Canada with respect to open immigration, so you'll have to clarify your "insight" as well. Knowing is half the battle: http://www.economist.com/blogs/democracyinamerica/2011/05/im...
There are still some benefits that are open to legal residents but not undocumented immigrants. These include educational opportunities, many jobs (sure a cleaning service is happy to hire undocumented but a licensed daycare center, not so much), many entitlements (immigrants with fake Social Security numbers pay in but they'll never get anything out), etc.
If illegal immigrants can't get car insurance, they drive without car insurance. If they can't go to the police without the risk of getting their family deported, accidents turn into hit and runs. And when people can't go to the police, they turn to less reputable people for protection.
Do you think that this is preferable?
As an aside, I think TN status is great if you can get it. The only real problem is that you lose it as soon as you step off of US soil and have to re-apply when you try to re-enter. This makes for increasingly stressful trips home to Canada (or Mexico) since the longer you are in the US, the less likely you'll be given a new one when you return. Granting the TN is totally arbitrary and depends on the mood of the border agent and the quality of your paperwork. Make absolutely sure your job title and description is identical to one of the TN-permitted ones. Lawyer-up if necessary. The cost of getting lawyer to prepare you is more than offset by the increased salary available in the US.