RENEWING YOUR GREEN CARD VISA? WHY NOT NATURALIZE TOO?

Q:I’ve been a US legal permanent resident for almost ten years, and my green card visa is expiring soon. What is the current procedure for renewing it?

A: Immigrants filing applications to renew permanent resident cards, commonly known as “green cards,” need to file Form I-90 (which can be downloaded at www.uscis.gov) with US Citizenship and Immigration Services (USCIS). The form can be mailed or sent by courier to the addresses shown in the instructions. The submission also can be made on line; go to www.uscis.gov and follow the instructions for online filing of Form I-90.

Currently (as of November 2009) an application fee of $290 and a biometrics processing fee of $80 must be submitted with the application. Applicants filing paper forms should obtain money orders for the $370 total, made out to “U.S. Department of Homeland Security.” Applicants filing on line will pay the fees electronically.

All applicants will receive by mail a notice for a biometrics (fingerprint) processing appointment at a local USCIS Application Support Center and will submit any required initial evidence and documentation during that appointment.

IMPORTANT: Applicants are being instructed to take to their biometrics appointments the records of any arrests, convictions, or any other involvement in criminal matters since last being granted legal permanent resident status. Immigration and Customs Enforcement (ICE) officers have been attending these appointments and reviewing the documentation supplied by applicants. Some applicants have been detained because of the criminal records they submitted or because their names appeared as a result of an ICE investigation as having outstanding criminal warrants. Accordingly, it is IMPERATIVE that you obtain legal advice before filing your Form I-90 if you have ANY issues involving past or pending criminal proceedings anywhere in the world.

IIC can help you with the I-90 renewal filing process, as well as the application for getting a new green card visa when the original has been lost, or when the card issued contains incorrect information.

NOTE: Holders of two-year conditional permanent resident cards based on marriage to a US citizen don’t file Form I-90 to remove the condition; they use Form I-751 instead.

By the way, anyone who has been a legal permanent resident long enough to be eligible for US citizenship really ought to consider applying for naturalization as soon as possible. IIC can help you with the all aspects of the naturalization application process.

For a free, confidential consultation on this or any other aspect of immigration law, visit one of our legal clinics advertised in The Emigrant.

[Source: Irish Imigrant]

Ban lifted for green card visa applicants with HIV

A stamp in Heidemarie Kremer’s passport reveals her health status as HIV-positive.

Because of the disease, Kremer — a native of Germany — has been barred from becoming a legal resident of the United States. She and her two children are fighting possible deportation, and their plans for the future are on hold.

But that soon may change.

This month, the federal government cleared the way for HIV-positive foreigners to visit the country and apply for green card visas, lifting a bar that has been in place for more than two decades.

Kremer, 46, a trained physician and HIV researcher who lives in Miami, said she was relieved that her case might be resolved when she returned to court in February. But she said she also felt a sense of responsibility.

“This is not the end of the story,” she said. “What about all the lives that the HIV travel and immigration ban ruined?”

Immigration lawyers in California and around the nation said the ban had caused families to be separated; foreigners to avoid being tested or to go without medication; and highly skilled workers to return to their home countries.

Since the announcement, Los Angeles immigration lawyer J Craig Fong and other lawyers said they had received a flurry of calls and e-mails from HIV-positive foreigners who now had renewed hope. The new rules, including the elimination of HIV testing for green-card visa applicants, take effect Jan. 4.

“To finally be in a position where I can tell people that they can come to the United States to visit their family or that they can get a green card visa and stay here with their partner is just incredible,” said Victoria Neilson, legal director for Immigration Equality, a national organization that advocated for lifting the ban.

But Mark Krikorian, executive director for the Center for Immigration Studies, said the decision to remove HIV as a bar was based on politics, not science. “It was clearly a politically motivated move,” Krikorian said, adding that the decision could have real consequences — more HIV cases and more costs. “It is extra healthcare spending that we wouldn’t have otherwise.”

An analysis by the Centers for Disease Control and Prevention showed that in the first year, an estimated 4,275 people infected with HIV could come into the U.S. at a cost of about $25,000 each.

The ban on infected foreigners began in 1987, when federal health officials added HIV to the list of communicable diseases that prevented people from entering the country. In 1993, Congress made it law.

“At the time, much less was known about HIV,” Neilson said. “People were really scared that HIV status was a death sentence.”

People could apply for waivers, but for most applicants that required proof that the foreigner had a family member in the U.S. legally. Because same-sex partners don’t qualify as family members under the law, the requirement was difficult for many to meet.

Last year, Congress changed the law, and this month, the CDC removed HIV from the list of diseases restricting foreigners’ entry.

Kremer was infected as a medical student in Germany. In 2001, she received a visa to come to the U.S. on an educational exchange program and later qualified for a visa for highly skilled workers. Her original waiver — granted by a sympathetic consular officer in Berlin — was automatically renewed.

But when Kremer applied last year for a green card visa, she was denied based on her HIV status, and she and her family were placed in removal proceedings. “I was fuming,” she said. “My whole future was built up to stay in the United States.”

Knowing the change in policy was coming, her lawyers pushed to get her case postponed until after the new year. Kremer, whose treatment is paid for by the German government, said she was thankful to have both medical coverage and immigration lawyers.

“I am concerned about other people who have been affected who aren’t fortunate enough to have attorneys who know how to navigate the system and keep people from being deported,” she said.

Another HIV-positive visa holder, who lives in Southern California, has also had access to an immigration lawyer but hasn’t been able to apply for legal residency.

Dave, who did not want his full name or occupation used because his HIV status is unknown to his employer, arrived from Canada a decade ago as a visitor. He soon found a job and was able to get an H1B visa for high-skilled workers. Now, he earns six figures and manages million-dollar projects.

Dave’s employer offered to sponsor him for a green card visa, but Dave couldn’t move forward because he knew how it would end — with a denial. His visa expires next year, and he had started looking for new job opportunities.

“Everything had a finite end to it,” he said. “You were working within certain boundaries. Now those boundaries have been removed.”

[Source: LA Times]

Boston businessman selling his restaurant, and a green card visa

An Irish American businessman outside Boston is offering his farm and restaurant business for sale through Realtors in Ireland — with the added attraction that a coveted green card visa is included.

Steve Thompson is offering Tully Mill, a restaurant, Irish pub and pig farm on 8.3 acres some 80 miles from Boston to any Irish person — who can then apply for a greencard through an “investor visa.”

Thompson, who is a chiropractor, decided to offer the land/visa deal to an Irish business person after talking it over with friends in Killarney. He has had to step away from the business for health reasons.

To qualify for the investor business visa, the person would have to employ ten people in America. Thompson says the business employed thirty people when he ran it. The EB-5 visa is for immigrant investors. The visa can be processed in a year or so, and the businessman’s wife and family under 21 are all eligible for green card visas also.

Thompson says all the restaurant furnishings, appliances and equipment are included in the sale. “All new owners need to do is buy groceries,” he told The Irish Times.

As well as the business, there’s a restored 250-year-old Cape Cod-style house, landscaped lawns and a waterfall. Irish real estate companies believe there will be many queries, especially given the poor state of the Irish economy and the weak dollar.

[source: Irish Central]

What is the Value of U.S. Citizenship?

More than 7 million legal residents who are eligible to become U.S. citizens each year, essentially green card visa holders, choose against doing so.

They decide for whatever reason that the benefits of citizenship (voting rights, potential for government employment, ability to bring their families here) are not worth the costs, starting with the $675 application fee. If you are an expert in marketing, as is Harvard Business School’s John Quelch, this fact presents a unique opportunity to view the issue through the lens of pricing strategy in the public sector.

This is a timely issue because immigration officials are thinking of raising application prices for citizenship from the current $675. The last time prices increased, in 2007, applications dropped 50 percent.

Let’s consider citizenship a U.S. product offered in competition with other countries. This country, made strong by immigrants-become-citizens, has an interest in attracting bright and hard working people to our shores. But 90 percent of our 8 million target customers annually aren’t buying the product. A business facing this same issue of underwhelming demand would consider a range of options to boost sales including price cuts (the idea of a price increase would be laughable), better marketing of benefits, promotions, loans, and, in the case of educational products, scholarships.

What should the U.S. do?

“Should the rest of us care?,” Quelch asks on his Harvard Business Publishing blog. “Should we, as a nation of immigrants, subsidize the cost of processing applications in an economic recession to motivate more qualified but resource-strapped residents to apply? Would our democracy benefit if more legal residents joined the ranks of voters, became fully engaged in community life, and put down stronger roots? How can we quantify these benefits to justify a price below cost? Or should we leave the price as is but market the benefits of citizenship more effectively?”

[source: bnet]

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16 immigrants sworn in as U.S. citizens at Redding ceremony

Clutching a rolled-up American flag in one hand, Mahmoud Saad couldn’t stop grinning today as he sat beside 15 other immigrants in a jury box inside a Redding courtroom.

After all, the 26-year-old Egyptian Chico State University electrical engineering student had been waiting for much his life to recite the words that would make him a U.S. citizen.

But it was the special honor of leading the group in the Pledge of Allegiance earlier in the naturalization ceremony in U.S. Eastern District Court that had special meaning for Saad.

“They’re not just words, ‘With liberty and justice for all,’ ” he said prior to the ceremony in the courthouse parking lot, his four friends from Chico beside him. Each held an American flag.

The event was the first ceremony in recent memory offered by U.S. Citizenship and Immigration Services (USCIS) to be held in Redding, allowing Northern California immigrants to avoid a lengthy drive to Sacramento or San Francisco to take their citizenship oaths.

A Canadian, a Czech, two Indians, a Kenyan, seven Mexicans and three Filipinos joined Saad in taking their oath.

Each had been in the country for at least three years, living legally in the U.S. first as a permanent resident with a green card visa.

“You can’t simply immigrate,” said Sharon Rummery, a spokeswoman for the USCIS.

For a nonresident to come to the country, someone — usually a parent or a spouse already in the country — must first petition for an immigrant’s green card visa.

An employer can also petition for a green card visa for an employee, but it’s unlikely that someone who doesn’t have at least a bachelor’s degree would be allowed in through that route, Rummery said.

Others can request asylum from their home. A judge can also grant a green card visa during a deportation hearing, Rummery said.

But a few lucky ones like Saad are drawn in what’s known colloquially as the green card visa Lottery, which is officially called the USCIS Diversity Visa Program.

Hundreds of thousands apply from all over the world, but only 55,000 immigrant visas are granted each year.

Most at Redding’s ceremony had family in the United States that allowed them into the country in the first place. Others married in.

The latter was the case for Norma Muzzall, a 37-year-old Mexican immigrant who married a Chico delivery driver named Mark Muzzall, 42.

The two now live in Corning with their two children.

“Hey, you get to vote now,” Mark Muzzall said after the ceremony.

“I know!” she said.

But first, she said, she gets to pick a political party.

“He’s a Republican and his mom’s a Democrat,” Norma Muzzall said. “They’re both trying to convince me to pick their party.”

It was America’s political process that brought Rodolfo G. Lagoc, a 73-year-old retired lawyer from the Philippines who lives in Redding down the path to U.S. citizenship.

“The freedom from want, the freedom from fear, you have peace and order,” Lagoc said.

For Saad, becoming a citizen means he at last belongs.

“I used to feel like I was a part from this place,” Saad said. “Now I feel like I am officially a part of this country.”

Reporter Ryan Sabalow can be reached at 225-8344 or at rsabalow@redding.com.

[Source: Redding]

Unexpectedly, the House Passes Health Care Reform Without Imposing a Waiting Period for Recent Immigrants

On November 7, the House of Representatives passed H.R. 3962, the Affordable Health Care for America Act, a bill that in part creates health insurance subsidies for people with low incomes. Congress was strongly lobbied to delay access to these subsidies for Lawful Permanent Residents (LPRs), or “green card visa” holders, by imposing a five-year waiting period. Ultimately, however, the final version of the bill passed without as much as an amendment offered to impose a waiting period of any duration on LPRs. This may be a sign that the tide is shifting on the broader issue of immigration, as Republican leadership decided at the last minute not to force a vote on an immigration provision within the bill, as reported by Jennifer Bendery of RollCall. She suggests that by not pressing the immigration issue in the House the GOP was placating Hispanic Republicans. It is also likely that Republicans concluded it was in their political interest to focus instead on splitting the House Democrats on the issue of federal subsidies for health care programs that cover abortion with the so-called Stupak-Pitt Amendment. That amendment, which became part of the final bill in the House, has since undeniably become the most controversial aspect of the House bill for the Democratic majority.

[Read the full story at Masliah Soloway]

Apply for naturalization at Association House of Chicago’s citizenship workshop

Association House of Chicago will kick off its first of a series of monthly citizenship workshops on Nov. 21. The event will assist qualifying lawful permanent residents (Green Card Visa) with everything they need to fill out the application for naturalization. Bilingual volunteers will be on hand to assist in filling out the application. Lawyers will also be present to screen for any possible legal issues.
In addition to assistance in filling out the application for citizenship, the workshop will offer the following services: low-interest loans for the cost of applying for citizenship, applications for food stamps and health care for children and the opportunity to open a bank account with National City.

Applicants should bring their green card, Social Security card and driver’s license or state ID, a money order payable to USCIS for $675, two passport photos and the personal information detailed on the Illinois Coalition for Immigrant and Refugee Rights page at icirr.org.

Future workshops will be held on the third Saturday of every month at various locations in Chicago. For more information, call Caitlin Elsaesser at (773) 772-7170 ext. 3022.

Green card visa seekers won’t have to get HPV vaccine

Immigrant girls and women will no longer have to be vaccinated against a sexually transmitted virus to get their green card visas.
Starting Dec. 14, the HPV, or human papillomavirus vaccine will no longer be on the list of immunizations immigrant females ages 11 to 26 must receive before becoming legal permanent residents.
The U.S. Centers for Disease Control and Prevention made the change on Friday. In a Federal Register entry, the CDC said it will require immunizations for which there is a public health need at the time the person immigrates or changes their status to green card visa holder.
“More than half of the immigrants who come to the U.S. seeking opportunity are women,” Silvia Henriquez, executive director of the National Latina Institute for Reproductive Health, said in a statement. “We thank the CDC for restoring their dignity and reproductive justice.”
Girls and women seeking to become legal permanent U.S. residents were required to get at least the first dose of the HPV vaccine, which protects against some strains of the virus blamed for cervical cancer. It was added to the list of required vaccinations for immigrants in July 2008.
Soon after, a coalition of more than 100 immigrant, health and women’s advocacy groups challenged the requirement, saying it was unfair to require the HPV vaccine for immigrants but not for most U.S. citizens.
Attempts to require the vaccine for American girls has brought emotional debate and complaints that such mandates intrude on family decisions about sex education. In Texas, lawmakers fought off a 2007 order by Gov. Rick Perry requiring the shots for sixth-grade girls amid questions about vaccine’s safety, efficacy and cost.
At a price of $400 to $1,000 for the three-shot series, the vaccine also was an added burden on green card visa applicants already paying more than a thousand dollars in application fees and hundreds of dollars for mandatory medical exams. Insurance companies do not cover health services required for immigration purposes, advocates pointed out.
“It also put the financial burden on the individual woman and her family,” Gabriela Valle, senior director of community outreach and mobilization for California Latinas for Reproductive Justice, said Monday. “Not only are you taking my rights to make an informed decision over my body, over myself, over my daughter, but you’re having me pay for it as well.”
The U.S. Food and Drug Administration approved Gardasil in 2006 to protect against the human papillomavirus. The CDC immunization advisory committee quickly followed up by recommending it for girls and young women.
For U.S. citizens, the committee’s recommendations serve only to provide guidance on vaccines. But a 1996 change to the nation’s immigration laws required anyone seeking permanent residency to get all the vaccinations recommended by the committee.
The CDC’s newly adopted criteria to determine which vaccines will be required for immigrants says the vaccine must be age appropriate. It also must protect against a disease that has the potential to cause an outbreak, has been eliminated in the U.S. or is in the process of being eliminated from the country.
The change also means the Zoster vaccine to protect against shingles won’t be required of immigrants 60 or older.
Copyright © 2009 The Associated Press. All rights reserved.

International Students, Skilled Immigrants And Comprehensive Immigration Reform

by Marlene M. Johnson and Stuart Anderson
Source: ILW

Looking ahead to next year, it has become increasingly important that concerns about the economy not deter lawmakers from ensuring that reforms to attract and retain highly educated, highly skilled foreign nationals are included in comprehensive immigration reform legislation. Illegal immigration issues have dominated the debate, but the reality is that without addressing our broken legal immigration system, we will short-change ourselves in the long run. Keeping the United States a welcoming place for talented students and workers from around the world will be crucial to our economic recovery and our future ability to innovate, compete, and thrive in the global economy.

In an economic downturn, the temptation to lower the blinds and close the doors is strong. But in an age when work can be sent to other countries with the click of a mouse such an approach simply will not work. Many studies, and the experience of countless U.S. companies, have shown that hiring talented foreign workers boosts innovation and drives job creation. It also supports local economies. Foreign-born professionals buy cars and houses and pay tuition for their kids. At our universities, they teach our students, helping us develop our own talent pool for the jobs of tomorrow, and they collaborate with our faculty in the sciences, medicine, and other important fields. Turning away people with the skills our country needs denies us a much-needed resource to support our economic recovery. No country can be an island in the global economy – not even one as large as the United States.

Talented people from other countries often first come to the United States as foreign students. By the time they graduate from our colleges and universities, they have spent years investing in acquiring the best education in the world, generally in fields like engineering and the sciences, where they make up half to two-thirds of the graduate students. Some of these foreign graduates want to contribute their skills and knowledge in the United States, but increasingly they are going home or to other countries instead because our immigration system makes it too difficult for them to stay – even though it is in our interest to help them do so.

To keep them, and to attract other highly educated workers from other countries that U.S. employers need to fill key positions, we must do two things. First, the enormous backlogs and wait times that plague the green card system must be addressed, and there must be a better path to green card visa status for those foreign graduates of our colleges and universities who wish to stay in the United States and whose talent and skills are important to our economy. Exempting from employment-based green card visa quotas foreign students who receive a U.S. master’s degree or higher; eliminating the per-country limits that impede, in particular, Indian and Chinese professionals; and providing additional employment visas for backlog relief would constitute major steps in addressing this problem.

Second, we must maintain and improve the H-1B temporary visa system, the primary way for skilled foreign nationals to pursue employment in the United States. Today, H-1B visas serve as a way station for those who really seek immigrant status but are stuck in the long green card visa line for 6 to 12 years. Fixing the green card visa system will take pressure off the H-1B system, but we will still need a system that can accommodate temporary, high-skill workers. At the same time, where abuses exist with H-1B visas they must be addressed. We must realize it does not make sense in a global competition for highly educated and talented workers to turn away these individuals, many of whom will go to work for companies in other countries that directly compete with our own.

Any effort to address the question of what kind of immigration system the United States needs must begin with an understanding that the mobility of individuals and ideas across borders has profoundly changed. People today possess myriad options for study, employment, and life in countries across the globe. Many nations are aggressively recruiting high-skilled foreign professionals and students, adjusting immigration and work laws to create incentives for them. People, like technology and information, are crossing borders with unprecedented freedom and flexibility. Our immigration laws and visa policy must catch up to these new realities, and must support a climate that encourages the contributions of foreign talent. In the global economy, our future depends on it.

About The Author
Marlene M. Johnson is executive director and CEO of NAFSA: Association of International Educators in Washington, D.C.

Stuart Anderson Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003.

Odds of a green card visa lottery winner actually getting a green card visa [source: Examiner]

Many DV lottery sites estimate the chances of winning the lottery based on the overall chances of getting selected. These odds are dependent on the number of entrants and other factors. For DV-2011, we previously estimated that approximately 17 million will register for the calendar year 2009 lottery from eligible countries.
If accurate, then the overall chances of receiving a winning letter from the U.S. State Department are 100,000 in 17 million, or 0.6 percent (one in 170). However, the odds of getting a visa are 50% of that, since only 50,000 of the initial 100,000 are actually issued a visa. This means the overall odds are not 1 in 170, but closer to 1 in 340. But is this really true?

Once all applications are received by the cutoff date and the Department of State performs its lottery, 100,000 winners are chosen at random by their computers. A maximum of 50,000 will eventually obtain immigrant visas or green card visa. The remaining 50,000 initially chosen will not qualify for the visas for various reasons. What this also means is that there will not be a sufficient number of visas for all of those who are initially selected. And all applicants who are selected will be informed promptly by postal mail (not e-mail) of their place on the list, or they can determine their winning status online.

Each month the Department of State determines how many visas will be issued (numbers permitting) to those applicants who are ready for issuance either by having completed the appropriate forms and submitting documents within the U.S., via CIS, or abroad to U.S. consular offices.

The Department of State will assign each application to one of six geographic regions of the world: 1) Africa, 2) Asia, 3) Europe, 4) North America, 5) Oceania, and 6) South America, Mexico, Central America and the Caribbean. Of course, some of these regions contain countries that are ineligible for a particular year’s DV lottery.
When selected, each application will be assigned an application number. This number will determine where on the list an applicant stands within his/her country and region of origin. For some applicants, it is nothing more than an identification characteristic; for others it will actually determine when and if they can receive an immigrant visa or green card visa, as we explain in the next article.

[source: Examiner]