Sunday, June 20, 2010

The Green Card

Nolvia and Terry began their new life together as husband and wife. Nolvia would now be eligible for U.S. residency (Green Card) by virtue of their union. They began the paperwork immediately, as Terry was scheduled to head off to boot camp for the National Guard (he is also a full-time student). Since Nolvia's immigration status was still classified under a work permit, the paperwork had to be filed in accordance with a procedure that is termed "adjustment of status" (AOS).

I must mention here that Terry's mother Rhonda helped the young couple fill out the paperwork and fulfill all the requirements of the process. Without her bulldog tenacity, they probably would not have had a chance. Rhonda is a social worker with the D.H.R., so she has regular dealings with government bureaucracy. She told me she thought she'd "seen it all", but the ordeal she was about to go through was "the most nerve-racking and frustrating thing she had ever experienced."

This process began in May of 2009.

First, there were the forms. Over six different ones, some for Terry, some for Nolvia, some completed jointly. I invite you, dear reader, to look up some of these forms online. I am a life-long U.S. citizen with two university degrees, and I find the instructions to be extremely difficult to understand. As Rhonda says, they were as "clear as mud." It took over ten hours to complete this phase of the process.

Then came supporting documents:
  • Birth certificates (Nolvia's had to be translated to English);Photo I.D. cards
  • An affidavit of support from Terry, stating that he would support Nolvia financially
  • An affidavit of support from Terry's parents stating that they would support the couple if necessary (since Terry was a student and Guardsman)
  • Three years of tax returns for Terry, Nolvia, and Terry's parents
  • Several letters of reference stating that their marriage was legitimate; and
  • A medical exam for Nolvia, which could only be conducted by a specific Civil Surgeon in Birmingham, Alabama.
The fee for the application and supporting paperwork totaled about $1,300.

Meanwhile, Nolvia attempted to renew her Alabama Driver's License. She was denied because she was in bureaucratic limbo, between the Work Permit and the Green Card.

The next step was an interview with Immigration in Atlanta. This came in September of 2009. This was another difficulty, since Terry was still in Guard training (seems the Army frowns on "days off" during boot camp). Rhonda made a personal appeal to Terry's First Sergeant, who was kind enough to write a letter explaining why Terry could not attend the interview.

The interview went well, and Nolvia was assured that she would be approved pending another physical exam. Her T.B. test showed "positive" for the disease. We were not completely surprised by this, as she had received a "false positive" T.B. test result when she had been tested for her student visa. This required another trip to the Civil Surgeon in Birmingham. The re-test confirmed that she was healthy. The information was sent to Immigration in Atlanta by certified mail. It was the final hurdle, and success seemed imminent. Postal receipts indicate that the document arrived on September 15, 2009.

Nolvia patiently waited. No word.

In November, she called Immigration. She was told "everything is fine, your paperwork is still being processed."

In December, Terry completed his military training and returned home. Still no word. Rhonda suggested they make another appointment with Immigration in Atlanta, with Terry in attendance.

On January 7, 2010, Nolvia and Terry went to Atlanta for this appointment. They met a different officer than Nolvia had met the first visit. They were told that everything was in order, and approval would be forthcoming. The meeting lasted less than five minutes.

Three more months went by with no word from Immigration

On April 23, Nolvia recieved a voice mail on her cell phone (while she was at work) from a different Immigration officer. The message was that Immigration had not received her updated medical information (T.B. test) as requested and her application would be denied if he did not hear from her by 5:00 p.m. She immediately called Rhonda. Rhonda called Immigration and with the proof that the medical information had been sent. The officer said, "Oh well, this is not the first time paperwork has been lost. Have the Civil Surgeon fax me the document at this fax number by five o'clock today and I won't deny her application."

Rhonda called the Civil Surgeon office. They agreed to fax the document. A little later she called the Immigration officer. "Nope, still haven't gotten it."

She dialed the Civil Surgeon's office. "We've been trying to fax it, but it won't go through."

Back to Immigration. "Oh, sometimes that fax machine doesn't work. Let me give you another number."

Back to the Civil Surgeon. "O.K., we'll try again." Rhonda, "I'll hold." "O.K., it went through."

Back to Immigration. "O.K. It looks to be in order and I'll approve the case."

On May 13. Nolvia received an email from Immigration stating that the Green Card was "in process." Five days later she received a letter that stated her "Green Card should be arriving within two weeks."

The letter began "Welcome to the United States."

Welcome, indeed.

A full year of uncertainty, several thousand dollars, mountains of documents, multiple trips to Birmingham and Atlanta, and countless phone calls. A network of financial support and friends assisting. And still almost voided by an idiot bureaucracy.

And you wonder why immigrants don't go through the "proper channels."

Go figure.

9 comments:

  1. Sure, this sounds too complicated and likely is.

    Observations:

    1. For years, marrying an American was a popular way to become one. An American, that is. This was, and still is, done in all parts of the world, not just Mexico. Dang, I came within a hair of marrying an Argentine once for this very purpose. We were living in Puerto Rico where she was, uh, there illegally.

    Knowing this, the U.S. procedure has become a trying one. Alas, this affects legitimate applications like your friend´s.

    2. Anyone who has dealt with the Mexican government in a similar situation or in any bureaucratic process at all would scoff at this. You should experience the nightmares the Mexican government conjures up with "procedures."

    People are fond of saying how easy it is to come down to Mexico, to visit or to live, comparing it with the move in the other direction, and that´s pretty much true. Getting a tourist visa is just a question of asking for it. But when you get into more complicated areas, becoming a citizen, for example, and most everything else is a more complicated area, it can become an endless frustration of mind-boggling proportions.

    Almost any Mexican would look at the process you have outlined and shrug. We are used to it.

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  2. Hi, Felipe. On your point #1, I certainly understand and want our US government to guard against this citizen-by-marriage abuse. On point #2, well, the paperwork bureaucracy may be similar but there's a huge difference: people aren't sacrificing money and possibly life or limb to smuggle themselves into MEXICO. (At least, not yet).

    And of course, this is the info Ray is trying to share: it's almost impossible to enter the US and become a legal citizen. I know you're not one of them, but many, dare say, most Americans have absolutely no clue.

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  3. Senor Felipe: Sure, there will always be those who try to beat the system, regardless of what the rules are. And I have experienced some of the same bureaucracy in Honduras that you describe in Mexico, so I realize the U.S. is not unique in delays and red tape. But it doesn't have to be this way. Perhaps I am being naive, but I think we can do better than this.

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  4. I would like to see members of Congress walk in the shoes of an immigrant for a few days - I think things would change DRASTICALLY - well hopefully.

    My son-in-law, a Jordanian applied for all the requisite papers eighteen years ago. It took almost 2 1/2 years. Luckily he was in Houston and didn't have to travel somewhere. It was very expensive - even then.

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  5. Ray and Becky, I know you have walked with Nolvia. It's not easy. Don't stop working for the good.

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  6. Babs: You mean an illegal "immigrant" or a person who follows the rules? A legal immigrant? Whose shoes do you want the congressmen to walk in?

    Regarding your son-in-law: 2.5 years? My paperwork to become a Mexican citizen took a year. I know people who have waited longer here. And far fewer people are trying to get Mexican citizenship than are applying for U.S. citizenship.

    Ray: Most people go under or over the fence not because of the tedium of paperwork involved. We Mexicans are very accustomed to that. It´s just another day with the government. People are busting the fence because of the financial requirements. You have to show that you have a certain financial status, or you cannot get into the U.S. legally, even to visit. Most Mexicans (and I´m restricting my comments to Mexicans because that´s what I know, plus they make up the majority of fence-climbers) do not meet the financial requirements.

    Those requirements are set specifically to keep poor people from "visiting" the U.S., overstaying their visa and taking advantage of social services. I think these financial requirements are a good thing.

    Visiting Mexico as a tourist requires no such financial proof. That´s because it´s unnecessary. Tourists come to Mexico to visit. They rarely hang around.

    To move to Mexico, however, does require proof of finances. The level is lower than what is required by the U.S. because the cost of living is lower. It´s logical.

    It is against the law, with some rare exceptions, for foreigners in Mexico with residence visas to have a job here. If they catch you doing that, you will get deported.

    Mexico has requirements. The U.S. has requirements. Both countries can make the requirements a pain in the kazoo.

    But in both instances, following the law is the preferred route.

    And an important thing to remember when feeling sorry for us "poor" Mexicans who have "no opportunities" is that opportunities abound here for the energetic, popular belief to the contrary.

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  7. Oh, last time I renewed my Mexican driver´s license, I was required to get a medical checkup. Could I simply go to my doctor, where no significant wait was required, and get the paper? No, I had to go specifically to an approved medical clinic on the other side of town and wait in line to see the government´s doctor.

    On reading the medical requirement you mentioned, I thought of what was required here. Very similar. There ain´t no free lunch anywhere.

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  8. Senor Felipe, we are in agreement about much.

    My original contentions were: 1. Secure the borders, and 2. Simplify the permit process. I stand by that, in anyone's case. I am not an "open borders" guy.

    I cannot make an informed comment on Mexico or Mexican immigrants. I have not been there, as you know, so I defer to your knowledge and experience on that subject.

    I have been to other parts of Central America, though, and I can assure you that 95% of the population could NEVER save enough money to even afford the work permit, let alone the green card. Many come from Guatemala and Honduras illegally because their families are destitute and unemployment runs 60%+--not because they desire better cars or plasma T.V.'s. I cannot fathom why the U.S. would deny these people an opportunity to work if there are jobs available (and in spite of the recession, there are).

    Requirements are O.K. Obstacles that make it impossible lead to the problem we have now.

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  9. Ray, you´re right. Central America is another ballgame entirely.

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