Tag Archives: permanent residency

Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform

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Dear President Obama,

Thank you for taking the time to read this letter as I am sure you receive many. I am writing to you in hopes of promoting change to an issue that is close to my heart, and I believe close to yours as well.

As of November 2009, the current visa bulletins show a backlog of green card approvals all the way back to June 2002 for the employment-based third priority applications (EB3).

The effects of these delays are significant. EB3 consists of many young graduates such as myself, who graduated at the top of our class, who had to compete above and beyond the qualifications of regular graduates at every step of the way, who, like many former immigrants who came to America to seek a better life, are forced to make tough decisions in the face of these long waiting times. Some of us have been laid off, only to be given unrealistically short timeframes to find another job or go back to our home countries after decades of living abroad. Many of us simply wait in fear. Fear of the unknown and what might happen to us in the long years to come. In some ways, these restrictions stagnant those who foster ideas of entrepreneurship by preventing career change, growth and the risk-taking nature of American entrepreneurship that so evidently fuels the spirit and prosperity of this economy.

Intel, eBay, Yahoo!, Sun Microsystems, Google and many other companies were all founded by immigrants who were welcomed by America. Over the last 15 years, foreign nationals have started 25 percent of U.S. venture-backed public companies, accounting for more than $500 billion in market capitalization and adding significant value to our economy. There is a wealth of talent and ambition hidden below the covers of these immigration laws.

I arrived in Boston when I was 16 and I still remember the day I graduated (I was 20 and still couldn’t have a drink because it was illegal!) in 2004. Last month I turned 26, and I realized that I have been here for over a decade. This is the longest I have lived in any country since being on many diplomatic missions around the world with my father. When you were young, your family also lived overseas, so I know you can relate to what it feels like to have a “home country” and to have a desire to prosper and pursue happiness there.

You once said among a crowd of young students that “here in America, you write out own destiny, you make our own future” and I hope that this can one day come true when college graduates can have a realistic goal of becoming permanent residences if they work hard and believe in all that this country has to offer. When you came to Google in 2007 you told us that you would support the H1b program as well as more and faster permanent residents for those who add value to this country. Many of us here at Google as well as beyond the valley were very excited, and we remain hopeful today.

A lot of people laughed when I said that I would send you a letter. They expect me to give up. They expect that you to not read this letter. They will expect that even if you do, nothing will change.

I would like to prove them wrong. I hope that if anything, this letter will allow for a moment of consideration for actions that will speed up processing times for employment based immigration, of which many of us have already sacrificed so much for.

Sincerely,

Richard Wan

Foreigner Widows to US Citizen Spouses

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When an American Citizen dies before a foreign fiancee has a chance to adjust status, the law is very arbitrary as it can deny US Immigration benefits to the widow of an American Citizen.

American Immigration law is very complex because it is based largely upon Federal statutes. Some facets of United States Immigration are very complex and one area which is very complicated occurs at the convergence of two events that no multi-national couple wants to think about: untimely demise and loss of lawful status in the USA.

In situations where a visa is based upon marriage to an American Citizen, in order for a foreign fiancee to ultimately acquire lawful permanent residence without conditions; the foreign spouse must pass through a series of due diligence inquiries in order for the government to be certain that the underlying marriage is genuine. To a certain extent, the US government begins scrutinizing a couple the moment a United States Citizen files an application to sponsor a foreign fiancee for a K1 visa. Upon preliminary approval, the file will be sent to the US Embassy or Consulate with jurisdiction over the foreign fiancee’s residence. The Consulate will interview the applicant and if satisfied that the marriage is genuine, they will issue a K1 visa. The non-Citizen fiance will subsequently be required to pass through a port of entry in the United States of America. Agents of the Department of Homeland Security will make certain that the entrant is not inadmissible.

After being lawfully admitted to the USA, the foreign fiancee will have 90 days to marry the American Citizen and adjust status to permanent residence. In most cases, the marriage is executed and the foreign spouse is approved for adjustment, thereby making her a conditional lawful permanent resident. Once two years has elapsed the non-Citizen Spouse and the Citizen Spouse will need to file to have the non-Citizen’s conditionality of residence lifted and thereby make the non-Citizen an unconditional lawful permanent resident. The “Widow’s Penalty” can come into play before either the approval of the adjustment of status or the approval of the petition to lift of conditions of residence. If the American Citizen spouse dies prior to the approval of either of these petitions, then it can create a difficult situation for the foreign spouse because the applicant no longer meets the requirement for a lifting of conditions or adjustment.

Therefore, the foreign widow could fall out of status because they are no longer married to an American. United States Federal Courts have tried to deal with this issue by interpreting the law in such a way that allows foreign widows to stay in America. The Department of Homeland Security has also taken measures to defer inspection of foreign widows and widowers in order to provide a sort of amnesty for those placed in such a difficult position.

This issue has not been fully dealt with as there are many conflicting interpretations of the current law. In general, the mood of the courts seems to be in favor of doing away with this so-called penalty because implementing the law in its current form leads to unfair outcomes for immigrants already present in the USA.


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Ben Hart