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America was indebted to immigration for her settlement and prosperity. That part of America which had encouraged them most had advanced most rapidly in population, agriculture and the arts.

 

- President James Madison

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Anonymous - Washington DC

How many hoops do we have to jump through?

You don't know in how many ways you can fail to stay legal in the US nowadays until you take a look at how many hoops I have jumped through and still failed to keep a legal status in the end.

1. I took both the TOEFL test, for proof of English proficiency, and the GRE test, for graduate school admission.

2. I got admission to a graduate school at the State University of New York in Binghamton.

3. At first, I paid my tuition. Then I got a teaching assistantship.

4. After studying hard and worked hard on a thesis, I got a Master's degree in Computer Science.

5. Then I got a job as a consultant at IBM Internet Division. A few months later, IBM decided to shut down the project. By this time, my employer had transferred me from practical training status to a work visa using the excuse that they did that so IBM could convert me into their full time employee. Holding a work visa meant that I had to find a job in two weeks or leave the country.

6. I did find a job at Prodigy in two weeks. However, Prodigy went through a big layoff shortly after I was hired. The only thing is, this time, Prodigy gave me one month to find another job before I was officially laid off.

7. I found three jobs, one with McGraw-Hill's Standard and Poor's ComStock, which mailed me a huge benefit book, another with a large software company, and one with an Internet start-up that offered stock options. I took that last one. One year later, when the company was going to go public, the company started to fire some of the early employees. I was one of them. This time, it was close to Christmas. I could not get a new job in two weeks. So I applied for a visa to work in the Internet start-up of a classmate from my graduate school.

8. Later that year, I was told by my former employer that I had lost the stock options that I had earned during the year that I worked for them. I immediately contacted a few lawyers and found one who filed a lawsuit on my behalf not long afterward.

9. The lawsuit dragged on for two years. Before I got a settlement for my case two years later, I had had to quit my last job and had gone out of status for more than one year. According to an immigration bill passed in 1996, I would not be allowed to come back to the US in ten years if I had overstayed my visa for more than one year. But because I came to the US before 1996, the year when the bill was signed into law, I was allowed to apply for adjustment of status without leaving the US under provision 245(i), under the condition that I filed for a labor certificate, the first step toward adjustment of status, before a deadline. So I filed for a labor certificate before the deadline.

10. When I got a settlement for my case, my application for a labor certificate had been filed. So I stayed on to wait for the decision from the Labor Department. I have not heard from them all these years. I only know that my case is still at a backlog processing center in Philadelphia.

So after all these years jumping through so many hoops, I am still having no status.

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