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Originally Posted by Arizona Republic
Frustration over green-card flip-flop
Feds turned away tens of thousands who rushed to meet July 2 deadline
Daniel González
The Arizona Republic
Jul. 17, 2007 12:00 AM
Kola Akinwande from Nigeria says he has lost all trust in the U.S. immigration system after the government last month opened and then suddenly shut the door on tens of thousands of foreign professionals like him waiting for the last step to apply for prized green cards.
The database administrator and Phoenix resident is considering joining one of several lawsuits being filed against the government by foreign nationals over the way they were treated.
In mid-June, the government announced that most foreign nationals waiting for the last step to apply for permanent residency, or green cards, would be able to do so in July, regardless of their place in line. More than 100,000 foreign nationals, including their dependants, rushed to file their applications by July 2, the start of the 30-day window, according to immigration lawyers.
But when July arrived, the government reversed its decision, saying it would not be offering the visas, after all.
Now, lawmakers are trying to get to the bottom of the turnaround involving the State Department and Citizenship and Immigration Services.
"It was like my world tumbled down," said Akinwande, 48. "All the castles we had been building in the air, all of our dreams and everything came crashing down."
The reversal comes at a time when the nation's immigration system has fallen under intense scrutiny. Experts say the reversal is highly unusual and highlights deep problems with the green-card application process. Although much of the recent debate over immigration reform has focused on solving illegal immigration, the green-card situation shows how the system can be disastrous even for foreign nationals who entered the country legally. Most caught up in the reversal are foreign professionals or highly skilled workers recruited by U.S. companies that say they can't find enough American workers.
"What message does it send to these people?" said George Newman, an immigration lawyer in St. Louis. "These are not people who violated the border. These are people who followed the rules."
Mad rush
It was June 13 when the State Department issued its monthly visa bulletin listing the deadlines for foreign nationals waiting to complete the final step to apply for employment-based green cards. Instead of the usual cutoff dates, the June bulletin made the extraordinary announcement that virtually all foreign nationals already deemed eligible for green cards could apply, even those whose eligibility dates were still years away. The news set off a mad rush across the nation as foreign professionals upended their lives to get their paperwork ready and required medical exams completed by July 2.
Foreigners must be in the country when they apply, and the applications are processed on a first-come, first-served basis, so applicants scrambled to get their paperwork together by the first day of the filing window.
Many shelled out thousands of dollars in legal fees. Some canceled long-planned trips out of the country. Others rushed marriages.
"There were tremendous life decisions that were taking place during this time," said Rod Malpert, a Phoenix immigration lawyer.
But when July 2 rolled around, the State Department announced that it would not be able to offer the visas. The department explained that "sudden backlog reductions efforts" at CIS, the agency that processes green-card applications, had caused 60,000 green-card numbers to be used up.
As a result, the State Department said no more numbers were available and no more green cards would be offered for the rest of the fiscal year, ending Sept. 30. The announcement effectively shut the door on tens of thousands of foreign nationals.
"They pulled a bait-and-switch," said Maurice Goldman, a Tucson immigration lawyer. He chairs the Arizona chapter of the American Immigration Lawyers Association.
No comment
Officials at the State Department and CIS said they could not comment because of legal action against the agencies.
Earlier this month, a Polish woman filed a lawsuit in federal court in Chicago that claims the government violated federal laws when it decided not to accept any new employer-sponsored green-card applications until the fall. The suit seeks class-action status.
The American Immigration Law Foundation in Washington, D.C., said it plans to file a class-action lawsuit this week against the government on behalf of other foreign nationals for refusing to accept applications.
Meanwhile, U.S. Rep. Zoe Lofgren, D-Calif., who chairs the immigration subcommittee in the House, is demanding answers. She wrote to Homeland Security Secretary Michael Chertoff, asking that he turn over all correspondence related to the matter.
Abrupt reversal
Akinwande said he entered the country with a temporary work visa in 2001 and has been living in limbo ever since. That's because the work visa Akinwande has lasts only six years and can be renewed only if he leaves the country.
It also doesn't allow him to apply for citizenship. His wife can't work, and his two college-age sons have to pay more costly out-of-state tuition.
Akinwande said he is eager to get a green card. It would mean he could live and work permanently in the U.S. and eventually apply for citizenship. A green card would let him accept a promotion at work because foreign nationals can't change jobs while their applications are pending or they have to start the process all over again.
That's why he was elated when the June visa bulletin said he could apply for his green card. It meant he could apply about 15 months earlier than expected and mark the end of a long, three-step process that began last September.
First, his employer had to get certification from the Labor Department that no American could be found to fill his job. Then, Akinwande had to prove he was eligible for a green card because of his job skills. Finally, he had to wait until a green card was available. That can take years because of backlogs as a result of a 140,000 annual cap on employment-based green cards, as well as country quotas.
"I called my lawyer immediately and started filling out all the forms for myself and my family," he said.
Akinwande said he paid out about $2,400 on legal fees for his wife and three sons, and an additional $2,380 in filing fees. He spent $990 more to complete required medical exams.
After mailing in his application, Akinwande checked the Internet on July 2 to see his status.
That's when he found out the State Department had abruptly reversed its de- cision.
"It felt like a door had been slammed shut in my face," Akinwande said.
The experience has caused him to rethink whether he wants to stay in the U.S. or move to Canada.
"If I don't get this (green card) by July 2008, I think I'm out of here," he said.
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07-17-2007, 12:03 PM
