Permanent Residents' Reentry Permit

Permanent residents may travel outside the U.S. and reenter without requiring a visa. However, residents who plan to be outside the country for more than a year will need to apply for a reentry permit at least 60 days before departing the U.S.

Permanent residents who remain outside the U.S. for more than two years risk losing residency status because the USCIS considers an absence of two (consecutive) years as an abandonment of permanent resident status.

Form I-131 must be used to apply for a re-entry permit. The filing fee is $385 as June 2010, and processing takes approximately three months.

Importantly: the permit cannot be applied for outside the U.S.

The guide to applying for a reentry permit is useful for residents planning an lengthy trip abroad.

Have you had any experience applying for a reentry permit?

Glossary -Immigration Terms

I was having an immigration discussion recently and my friend disagreed with my use of the word Asylee, suggesting that asylum seeker is the universal term. My friend was right, but prospective migrants, need to know what the terms used by the USCIS mean.

A wonderful part of my immigration experience has been learning the highly technical terms used by the USCIS. I remember, during my immigration process, often having to first find the meanings of various terms on the USCIS application forms or correspondence, so I could understand what was required of me. This is the serendipitous luxury of not affording an immigration attorney!

My last post on naturalization and citizenship was another reminder of the complexity of immigration terms.

The USCIS, to help prospective migrants, provides a glossary of its technical terms and acroynms.

Happy migrating!

U.S. Naturalization & Citizenship

Naturalization is the process of assuming citizenship of another country. Although lawful residents can permanently live in the U.S., they are neither eligible to vote nor obtain a U.S. passport. Some federal jobs are reserved for U.S. citizens only.

Green card holders, who are at least 18 years old, may apply for naturalization after five years of continuously residing in the U.S. Migrants who are in the military or married to a U.S. citizen may become eligible in less than five years.

Eligibility requirements vary per applicant. For example; some applicants may be eligible for a disability or English language test waiver due to their health, age or length of lawful residence. I suggest checking your eligibility early, as this will prove useful once you start the naturalization process. The USCIS provides a comprehensive list of eligibility requirements.

Applicants must use Form N-400, Application for Naturalization. The filing fee is $595 plus $80 for biometrics (fingerprints), as of Apr. 2010.

My naturalization process was easy and relatively fast; I became a U.S. citizen within seven months from the date of submitting my application.

Health Reform & Immigration Reform

The U.S. House of Representatives, on Mar. 21, 2010, passed the Health Care Reform Bill on a 219-212 vote.

Democrats listed universal, affordable health coverage on the credit column. Republicans, on the deficit column, listed majority (over 60 percent) government takeover of the private sector and the 940 billion cost of the bill as exhorbitant.

The Obama administration hailed the bill a win for the American people but the debate as to which political side won will continue for eons to come.

Meanwhile an estimated 31 million Americans will benefit from the bill's passage. Legal U.S. residents like my parents may afford health insurance in 2014, when the bill takes effect. About 12 million illegal immigrants will be left out; and they won't be eligible to buy insurance.

The Christian Science Monitor provides a list of what the reform bill means to you.

President Obama,in Aug. 2009, expressed his commitment to immigration reform with plans to pursue the reform after completing work on healthcare reform.

But will healthcare reform stall any hopes of an immigration reform bill?

Citizenship Preparation Program

Did you know that the USCIS provides citizenship preparation programs?

The objective of the "citizenship and integration" programs, provided through community based immigration support groups, is to assist non-english speaking legal permanent residents with english language lessons and preparation for the U.S. history and civics test which is given during the citizenship interview. Naturalization application and legal assistance is also provided under the program.

USCIS's Fiscal Year 2010 budget includes approximately $7 million funding for the programs.

Here are a few immigration support organizations:

Catholic Charities - National
Immigrant and Refugee Community Organization - Oregon
Heartland Alliance - Illinois
Community Refugee and Immigration Services - Ohio
Immigrant Community Access Point - South Carolina
Refugee and Immigration Services - Virginia

Please leave a comment if you need assistance locating an organization near you.

April Visa Bulletin

The latest visa bulletin is out.

Here goes:

The current date for the F4 family category is Mar. 01, 2000, for all countries except Mexico (Dec. 8, 1995) and the Philippines (Sept. 8, 1987).

23 years in waiting for some Philippine siblings of U.S. citizens!

Tackitt members share their experiences but does anyone have a success story on the F4 category?

By the way, you may email the State Department (listserv@calist.state.gov) if you would like to be added onto the subscription list.

E-Verify Concerns

I've noticed more and more corporations have an E-Verify sign on their sites. Does anyone know what E-Verify is?

E-Verify is an employee eligibility verification system administered by the Department of Homeland Security and Social Security Administration.

The system has four main objectives:

Reducing the employment of unauthorized workers
Protecting privacy and workers’ civil liberties
Reducing discrimination
Preventing undue burden on employers

Employer participation is not mandated, however, employers must notify prospective employees of the company's participation in the program.

Much controversy surrounds the E-Verify program. For example:

The USCIS states that 189 000 employers use E-Verify as of Mar. 2010, and 97 percent of employees are found to be eligible. The statistics are based on the Westat report.

However, a Feb. 25, 2010, Fox News.com report highlighted faults with the system, citing it "wrongly clears illegal workers about 54 percent of the time." Immigration Impact and Security Debrief echoed the Fox report.

Have you wrongly been found illegible for employment due to the E-Verify system?

Should Congress be spending $100 million dollars on an unreliable system?

USCIS Laws

The USCIS site is becoming more and more user friendly!

If you haven't noticed, the site now has an immigration laws section.

The section has an outline of the services provided by the various Department of Homeland Security divisions and resources for obtaining legal assistance.

And if you have some time or are just curios, the section includes interpretations of immigration laws.

A Spanish version of the site is also available.

F2 Visas - Student Relatives

Someone recently asked me a question about immigration benefits for F2-visa holders.

An international student’ spouse and minor children may be issued an F2-visa enabling them to join the student during his or her studies in U.S.

International students who wish their immediate families to join them in the U.S. must therefore demonstrate to the USCIS that they can fully support their family members for the visa validity.

The objective of the demonstration to assure the U.S. government that foreign families do not become public charge. This is because public assistance such as welfare, food stamps, medical care and housing assistance is not available to nonimmigrant visa holders.

Minor children can be enrolled in primary education in the U.S. but international students’ spouses are prohibited from studying or working under the F2-visa. However, an F2-visa holder can request a change of status to F1-visa if he or she wishes to study. The normal international student visa requirements must be met.

Extended Family Migration

Although family migration is an excellent benefit for reuniting families in the diaspora, patience is the essential ingredient when undertaking the slow multi-level migration process.

I've always been under the impression that my 16 and 18 year old siblings, because of their minor status, would qualify for residency along with my parents. Not so!

If your relative qualifies for residency, he or she must enter the U.S. and then petition for his or her immediate relative.

For example:

My married sisters’ children and spouses do not qualify for residency under my siblings’ visas. My sisters, after becoming U.S. residents, will have to start petitioning for their spouses and children.

Does anyone know of an easier way around this?

Family-Based Migration

Immigration through a family member is the easiest and relatively "quickest" means to obtain U.S. residency, especially for citizens and residents' immediate relatives.

Qualified relatives are classified using a preference category system and the visa processing time depends on the category which relative falls under. There are four family preference categories and relatives in categories three and four wait the longest for a visa number because they are not classified as immediate relatives.

The USCIS's Preference Category list is below:

First Preference: Spouse, fiancé (e), parents, unmarried children (regardless of age) of a U.S. citizen.

Second Preference (2A): Spouse and unmarried minor children (under 21) of a permanent resident.

Second Preference (2B): Unmarried children of a permanent resident.

Third Preference: Married children (regardless of age) of a U.S. citizen.

Fourth Preference: Brothers and sisters of adult (over 21) U.S. citizens.

Carl Shusterman, former Immigration and Naturalization Service (INS) attorney, discusses how the new immigration reform bill would affect family-based immigration.

Form I-824 Filing Change

My parents' final visa processing was delayed by approximately five months due to minor mistakes I made along the way. It is important, as I stated in my submitting applications post, to follow submission instructions in order to avoid processing delays.

The "Application for Action on an Approved Petition" -Form I-824, must be submitted to a new location beginning on Feb. 19, 2010.

The change is part of USCIS's transition to "centralize form and fee collection" with the objective of increasing processing effeciency.

Form I-824 is used for three purposes:

Request an approval notice to be sent to another U.S. Consulate
Request an approval notice to be sent to a U.S. Consulate for derivative family visas
Request a duplicate approval

The new address list provides detailed I-824 submission information.

Migrant Worker Petition Revised

If you are a first generation immigrant like me, the green card lottery or green card through work are your primary routes to U.S. permanent residence. Both options are neither easy nor guaranteed.

I've heard of international students advancing to the highest level of education with the hopes of increasing chances of securing a permanent employment offer, but the 2008-2009 economic downturn changed this.

The Employ American Workers Act (EAWA) prohibits U.S. businesses that received economic stimulus funding under the Troubled Assets Relief Program (TARP) from "displacing American employees" by hiring foreign workers.

Bank of America, in March 2009, quickly rescinded employment offers to 50 MBA graduates in compliance with the Act.

The USCIS, in a move to ensure strict adherence to the EAWA, on Feb. 5, 2010, announced a revision to Form I-129 "Petition for Nonimmigrant Worker." The revised Form I-129 includes a question about whether the employer received TARP funding.

Does meritocracy still have a seat in the American economic structure?

Visa Statistics

I found the NVC's visa statistics. It is the most useful official information pertaining to visa numbers that I've come across so far.

What is great about it is that the tables show the number of visas that are issued per country and per preference category for each year.

Have a look here.

As you will see, there is no consistency in the number of visas issued for each fiscal year.

Visa Bulletin

Today marks six months to the day I recieved my siblings' petitions approvals. I still haven't heard anything from the NVC.

I've read as many forums as I could find on siblings petitions and the common thread seems to be that it is a ten to twelve-year process.

Two reasons keep me optimistic though:

1). The visa bulletin (p.3) states that:

"The annual per-country limitation of 7% is a cap, which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries."

2). Most of the forum threads are placed by individuals from over-subscribed countries. And based on my reading of the visa bulletin, I understand that highly populated countries set the curve for the visa number waiting list. The country and preference category cap therefore mean that migrants from countries with a significantly lower migrant population in U.S. may have relatively short waiting times.

China(mainland born),India, Mexico and Philippines are currently oversubscribed.

Anti-Immigration Reform - What Are They Saying?

I was curious, after my post yesterday, about what anti-immigration groups think about the proposed bill so today I spent some time reading the Federation of American Immigration Reform (FAIR)'s website.

This is what FAIR and other anti-migration groups are campaigning for:

Reduce migration numbers - currently at about one million (legal and illegal) migrants per yer.

Moderate legal immigration numbers - moderate refers to "stabilizing the U.S. population by limiting legal immigrants to less than 500 000" per annum.

Eliminate amnesty - FAIR argues that immigration options that re-label illegal imigrants' status weakens immigration policies.

Abolish asylum abuse - asylum must be reserved for genuine cases of immigrants fleeing persecution in their home country. See IzIzWe.com's humanitarian visa section on refugees and asylees.

Protect wages and quality of life - it is argued that the current guest worker program may be undermining opportunities for poor Americans, i.e. immigrants avail themselves for exploitation by agreeing to work for lower wages, thus undermining opportunities for equally qualified Americans. I read an article in The Observer a few weeks ago, and the same argument is being made in United Kingdom.

Penalize employers - enforce greater employer policing as a means to reduce illegal immigration.

Migration equality - abolish migration discrimination which results from migration preferences. For example:
The Cuban Adjustment Act of 1996 which states that "any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year; and is admissible to the United States for Permanent Residence."

Thoughts?

IzIzWe is Launched!

I am excited to announce that IzIzWe -"the place for immigrants" was launched in Jan. 2010.

Thank you Ian for your invaluable input. I owe you a trip to Zimbabwe :)

The Migrant Forum is still under construction but will be launched shortly.

Happy migrating!

Immigration Reform 101

Immigration policy rests high on the political order in this country and 2010 promises this topic will be hotly debated. Fast forward to the midterm elections and the political pundits will have a field day with immigration reform!

I have been thinking about immigration reform. What is it? What does it mean? How will it affect me or anyone I know?

From what I understand, the bill seeks to do the following:

Visa Reforms: Unclog the visa backlog by evoking unused employment-based visas and family sponsored visas from fiscal years 1992-2008.

Judicial Review: reverse a 1996 law which currently prohibits the courts from reviewing Department of Homeland Security’s decisions on immigration cases.

Legalization: Award a conditional six-year nonimmigrant status for illegal immigrants and their immediate families. This pertains to illegal immigrants who were in the U.S. before Dec. 15, 2009.

Border Security: Provide Customs and Border Protection with sufficient resources (helicopters and aerial surveillances) to secure the U.S.-Mexico border.

Enforcement: Address immigrant harassment by restricting federal immigration enforcement solely to the federal government and not the states and local agencies.

Submitting Visa Applications

All USCIS application forms are accompanied by detailed instructions on how each question must be completed, required documentation (also, whether a copy or original must be submitted) and the office to which the form must be sent.

The USCIS has four Service Centers and many field offices which serve specific states and visa applications or petitions. Applicants, to avoid delays, must ensure the application is submitted to the appropriate office. The USCIS National Customer Service Center is available to answer any questions pertaining to visa applications or immigrations benefits.

Applicants and petitioners may check case status and processing times at the USCIS website. A USCIS issued receipt number is required for checking case status.

Remember to notify the USCIS of any change of address; this can be done online for free at the USCIS's website.

USCIS vs NVC

Migration! I must explain the two agencies and the role of each before delving into the migration options.

The USCIS

The United States Citizenship and Immigration Service (USCIS) and National Visa Centre (NVC) are the two main agencies involved in the immigration system. U.S. Consulates or Embassies handle all non-immigrant visas.

The USCIS, determines eligibility for all visa and employment authorization applications and forwards approved applications and petitions to the NVC for further visa processing.

The NVC

The NVC (based in Portsmouth, New Hampshire) processes all approved immigrant visa petitions.

The agency uses a preference category system to classify approved petitions and assigns visa numbers based on this system. The waiting time for a visa number varies from a few months to many years, depending on the applicant’s preference category and country of origin.

The State Department's monthly visa bulletin provides priority dates (also known as qualifying dates) showing which visa categories have advanced to ‘current status.’

A 'current status' means that a visa number is available and is ready for final processing.

The NVC then contacts the petitioner or applicant requesting visa application fees and documents, which includes Form I-864 - Affidavit of Support, tax return forms and marriage certificates.

The agency, upon completing its processing, schedules all visa interviews, usually at a U.S. Embassy in the applicant’s home country or at a USCIS field office, in some cases of individuals who are already in the U.S.

The USCIS is a Homeland Security Department agency and the NVC is run by the Department of State.

USCIS Grants Haitian Migrants Proctection

Janet Napolitano, U.S. Homeland Security Secretary, on January 15, 2010, announced an initial 18-month stay and work authorization to Haitian migrants currently in the U.S.

The Temporary Protected Status (TPS) is valid only for Haitians who were in the U.S. as of Jan. 12, 2010. This special status protects Haitians whose visas have expired from deportation due to the 7.0 magnitute earthquake that devasted Haiti on Jan. 12, 2010.

The USCIS generally classifies natural disasters, political conflicts or any other condition deemed extraordinary as humanitarian. This classification usually justifies TPS to that particular country's temporary or illegal immigrants in the U.S. However, such status is only temporary.

Eligible Haitians should visit the USCIS or call 1 (800) 375-5283.

Visa Extension Documents

I finally found the USCIS field office in New Orleans and came home with an I-539 form.

I learnt, during my visit to the USCIS office that individuals with pending applications can legally stay in the U.S. for up to six months after their I-94 expires, as long as the extension request is submitted 45 days prior to the I-94 expiration date.

You must provide the USCIS with the information below, in addition to the completed I-539 form and fee:

-Proof of sufficient funds to support yourself for the duration of your visit
-Valid copy of I-94 (arrival/departure) card
-Valid reasons for extending your visa
-Departure plans, i.e. a valid return ticket

The USCIS usually grants a six-month extension but remember you have the burden of proof to show the USCIS that you are not an intending immigrant.

A Page From My Diary

August 12, 1998: I was granted a six-month stay.

By early September 1998, I had learnt that completing my Green Card process would take longer than my valid stay. I didn’t want to travel back to Zimbabwe only to return to the U.S. a few months later. I knew someone who, two years earlier, had been deported for overstaying and stamped with a 10-year restriction from applying for a U.S. visa.

I panicked.

Five sleepless nights.

My face broke into a pool of acne.

Hair dull and limb.

I lost my appepetite.

What if my family and friends in Zimbabwe would see me now? "Is this what America does to An African Immigrant? To any Immigrant?" I could hear mom's voice.

"No," I would reply.

"This is the America I dreamt about. Consternation is only a small part of the experience. A necessary evil!"

That is what I would say about the experience, breaking the dead air. My silent (no), heartbroken siblings listening on in the background, looking for hope, because they too have secretly dreamt of America.

But panicking wasn’t getting me anywhere.

I don’t claim to be clairvoyant, but I knew everything would be alright. There was an option and I had to find it.

And now I'm motivated daily to share my experiences and my understanding of the U.S. immigration system on An African Immigrant's Diary.

Visa Extension - "Immigration 101"

If you are like me, you may have thought being issued a (non-immigrant) visa means that you have been granted entry into the United States. This is not so.

A visa issuance does not guarantee admission to the U.S.
The visa expiry date is different from your granted stay date.

For example:

Your visa may be valid for two or ten years but an immigration officer determines the length of your stay upon arrival at a U.S. port of entry. It is important to make a note of this date and make sure you request an extension at least 45 days before your stay expires.

You must use USCIS Form I-539 to request an extension of stay. The filing fee is $300, as of Jan. 2010.

Two pages worth reading are the USCIS's "Extend My Stay" and the Department of State's "Duration & Extension of Stay" sections.

Note: Form I-539 is also used to request a change of visa status.

U.S. Lifts HIV Ban

I remember undergoing regular immigration medical screenings during the years preceding my 1999 U.S. residency.

The exams included HIV tests.

I also remember being turned away from blood donation centers because I was, at the time, a citizen of an "HIV high-risk country."

My confrontation with the stigmatization ended when I became a naturalized U.S. citizen.

The United States government, on Jan. 4, 2010, ended its 22-years of discriminating against HIV-infected potential migrants.

Individuals applying for U.S. residency are required to undergo an immigration physical exam, conducted by a U.S. government appointed physician.

In the past HIV was unequivocally listed as a communicable disease that would automatically disqualify an infected intending immigrant. The ban was lifted after the Center for Disease Control declassified HIV as “a communicable disease of public health significance.”

Clemens Ruland of the Netherlands became the first HIV positive visitor to take advantage of the lift. He entered the U.S. on Jan. 7, 2010.

Migration Milestone

I've been on a five-month long hiatus. Happy 2010 everyone!

The second half of 2009 was eventful; my parents and I moved from New Orleans, La. to the Washington, D.C. area in mid-October. I spent the latter part of 2009 visiting family and friends in England and Ireland - loved it!

And came I back home to my first White Christmas. My mom loves the snow. Dad is indifferent. I need to learn how to drive in it!

I reached another milestone last year. The big news came in August 2009, when I received residency petition approvals for five of my six siblings. I submitted the petitions in May 2007, at the same time as my parents' petitions. The approvals, according to USCIS case processing times, were eight years earlier than expected. Viva! More on this soon.

I am currently working on my website IzIzWe - the place for immigrants.

"Izizwe" is the Ndebele/Zulu noun for "foreigners."

The site, which promises to be a lively gathering, was inspired by my desire to help, learn from and share immigration experiences with fellow migrants through an umbrella site.

I will keep you updated on its launch.