Legal immigrants to U.S. face endless wait
With its backlogs and bureaucracy, the immigration system is punishing for those who play by the rules.
from the February 26, 2008 edition
Page 2 of 3
A nightmare for families
All prospective immigrants take the same first step toward getting their green cards: finding someone – an employer or a close family member – to sponsor their applications. Some avenues are easier than others: marrying a US citizen, for example, almost certainly ensures a green card within a year.
But no option is free of anxiety, and the potential for setbacks is endless.
Justin Fertitta, a young chef in New York City, was born in the United States and his wife, Chrissie, is from Malaysia and first came to the US on a student visa. The Fertittas applied for her green card shortly after their June 2006 wedding, but neglected to disclose that Mrs. Fertitta had been arrested for shoplifting as a teenager. "She stole a belt from J.C. Penney when she was 19," says Mr. Fertitta. "She didn't think it was an actual arrest, but it went down on paperwork."
Immigration officials brought up the arrest in the interview, accused the Fertittas of lying, and denied the green card. The couple applied again and were denied again. Their case went to immigration appeals court, to determine whether the couple get to stay together in the US.
"[I]t's a horrible system," says Fertitta. "It's the uncertainty and having other people mess with your life that's the worst."
Quotas haven't kept up with demand
Employers sponsoring green-card applicants must first prove that no American citizen can fill the job, then demonstrate that applicants are specially qualified for the position and that the company can pay them.
Some employers bend the rules – often at the applicant's expense. Sandra Braganza obtained her green card through her employer, the now-defunct Sheena Perfumes, which recruited her from India. The company made Ms. Braganza seem highly qualified, though she was not, by misrepresenting her salary. "So I took a 'paper' salary of $70,000, and I paid taxes on that money each year," says Ms. Braganza. Meanwhile, she struggled to survive in New York City on $25,000 a year.
Employment-based green cards are regulated by a quota system, which limits the cards issued each year. In countries like India, China, and Mexico, where quotas have not kept up with demand, the backlog stretches back years. State Department statistics show that some applications from those countries filed in 2001 are just now being processed.
It's this backlog that delayed the early stages of Potia's green card.
By contrast, those sponsored by a family member – either a permanent resident or a US citizen – undergo a relatively simpler process. They must prove the familial relationship and their sponsor must show they can support the applicant with an income at 125 percent of the federal poverty line. A family of four, for instance, must earn at least $26,500 a year
Family-sponsored applications are also subject to a quota system, except for immediate relatives of US citizens – parents, children, or spouses.
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