Many people are left behind: some never received an invitation to an interview, others were not checked by the U.S. security services for reliability in time. Those who did everything on time and became the happy holders of an immigrant visa - a thick sealed envelope with the stern warning "do not open" - are getting ready for the journey. Some with the firm intention to settle firmly in a new place, others, on the contrary, are working out in their minds a scheme of sitting on two chairs - at home and in the USA. And it is these latter who are especially nervous: they are very afraid of losing the "green card" they have not yet obtained, but at the same time they are not ready to part with their home, dacha, job, friends.
From the large number of questions asked, Inostranets selected several on the same topic and asked the head of the Moscow office of the law firm of Daniel Retter, a member of the American Bar Association, Irina Igitova, to answer them. This publication will also be of interest to those readers who have not yet decided on their participation in the DV-2005 lottery and do not know what awaits them in the USA in case of winning and receiving an immigrant visa.
- What rights does our citizen who wins a green card have in the USA?
- The first thing a newly minted green card holder must understand: he does not receive American citizenship, but remains a citizen of his own country who has received the right to reside in the United States. His status in America is officially called: "permanently residing and registered foreigner." Accordingly, compared to a U.S. citizen, he has no right to vote for the president, sheriff, mayor, governor and other state officials, that is, his voting rights are limited, and if he commits a serious criminal offense, he may be subject to deportation. The question of the seriousness of such a crime has recently been interpreted quite broadly. Even drunk driving now falls under a serious crime.
That is as far as rights are concerned. But the duties of the holder of a "green card" include residing in the United States. If he does not reside there, but only enters for a short time, that is, does not maintain his status, the "green card" may be taken away from him by a decision of an immigration judge.
- How to "maintain" a green card?
- The law does not specify the length of stay in the United States that is necessary and sufficient for maintaining a "green card." However, there is the concept of "permanent residence," which requires its confirmation. That is, if a person actually lives in the country - works, pays taxes, his children go to school, and so on - then there are no problems. If he does not live in the USA, he must be in the country long enough to be able to prove that he lives here. Lawyers believe that it is enough to be in the USA for six months on an accumulated basis - that is, you do not have to sit still for six months straight, you can accumulate those six months over a year.
Being absent from the United States for more than six months is categorically not recommended. Why? When entering the States after a long absence, at passport control you will be asked, "Where do you live?" and after the answer "I live in the USA," the question will follow, "How long have you been away from home?"... They will not take away your "green card" right away, but they will send you to an immigration judge, whom you will have to prove that you live in the USA.
How will you prove it? You will present your home (purchased or rented), bank account, credit cards, driver's license - in short, everything that a person accumulates when living somewhere. This procedure is extremely unpleasant, and one usually cannot do without the support of a lawyer (again, expenses). In an unfavorable outcome, a person may have the green card taken away and even be deported from the United States.
There is also a document in the USA: reentry permit - the right to enter and leave, which many mistakenly call a travel passport - a passport for traveling abroad. The document really looks like a passport, and you can travel with it, but it is intended for something else. It is issued by an institution that was formerly called the INS - the Immigration and Naturalization Service, and has now become a division of the Department of Homeland Security (Homeland Security Department). The name has also changed, now it is the Bureau of Citizenship and Immigration Services (BCIS). You must apply to BCIS for a reentry permit while physically being in the United States. Then you can leave the country and receive the document on your next visit. In the application, you must write that due to the nature of your business (for health reasons, due to elderly parents or helpless children), you are forced to be absent from the United States. Humanitarian reasons are taken into account - at least until very recently.
So, this document gives the right to be absent from the United States for two years. Obtaining such permission for the first two years will not be difficult, for the next two years - much more difficult, and then - almost impossible. That is, the Americans' logic is extremely simple: a person left his native country without finishing something, leaving some loose ends, so let us give him time to deal with these loose ends.
Immigration lawyers strongly recommend obtaining such a document for those who do not intend to settle in the USA at first: they have won a green card that they do not need at the moment, but do not want to give it up. It is believed that getting this document is simple - you go to any BCIS office and fill out an application form. But for extra reliability, it is worth using the services of a lawyer who knows how to properly compile an application.
- How soon after entering the USA does the lottery winner receive a plastic green card?
- It varies from state to state. In sparsely populated states with low immigration levels, the card will be issued quickly, but in New York, Boston, Philadelphia, or, say, Los Angeles, it may take up to a year.
However, many people are mistaken in believing that not having a plastic card makes their status inferior. The lottery winner enters the U.S. with a sealed immigration packet received at the embassy. The packet is opened by an official at passport (immigration) control in the airport, who stamps the citizen's foreign passport with the words "permanent resident". This is the green card. It is valid for one year — approximately the time it takes to produce the plastic card. The period may be extended if the authorities do not meet the allotted time. In that case, a corresponding mark will be made in the passport, with which you can freely travel abroad and return.
- Does the new green card holder have the right to a social pension or social medical insurance?
- To obtain a green card, the lottery winner must convince the immigration official that, upon entering the U.S., he will not become a burden on the state. Therefore, to the interview at the embassy they bring documents proving ownership of property, provide guarantee obligations — if the new resident of the country needs material support from the state. Thus, the U.S. government wants to insure itself against an additional burden: an immigrant who becomes a dependent from the first days is not the most desirable acquisition for the country. This is how the lottery winner differs from a refugee, whom the American government immediately takes under its care. But even when accepting a refugee, the American authorities hope that over time he will get on his feet, find a job — and earn his own pension and also provide himself with medical insurance. As for the lottery winner, for the first five years they cannot count on social payments.
Moreover, if the lottery winner proved his solvency on the basis of his property and a work contract, then if unforeseen problems arise, he will have to answer for himself. And, say, if he ends up in a hospital in an acute condition, even without medical insurance he will be given help, and if necessary — for vital signs — they will perform a complex and very expensive operation.
Situations involving a sponsor are not uncommon. After all, what happens? A person acting as a sponsor signs form I-864. This is, in fact, nothing other than a contract between the state and the sponsor. Under the terms of such an agreement, the sponsor undertakes to support his, so to speak, charge during the first five years. If he has not fulfilled his obligations and his charge had to ask the state for help, the latter has the right to sue this sponsor.
Until recently, it was like this: in the absence of medical insurance, a person would still receive medical services, and no one paid the bill issued by the hospital — medical institutions simply turned a blind eye to this. Recently, the situation has changed dramatically: the bill is presented to the sponsor, and he is obliged to pay it.
- Does the immigrant's nomadic life affect the acquisition of citizenship? Could it happen, for example, that an immigrant is recognized as a permanent resident of the U.S., his green card is not taken away, but citizenship is not granted after the required five years?
- It certainly can. To apply for American citizenship, you must physically be present in the U.S. for 2.5 years plus one day out of the five years of permanent residence in America. This is easily verified by the entry and exit stamps in the passport. Accordingly, if a person received a reentry permit and did not stay in the country for a year, he has postponed obtaining American citizenship by those two years. But, having already become a U.S. citizen, a person can apply on general grounds for social assistance — old-age benefits, social medical insurance, social housing, and the like.
What to expect after registration in the DV-2005 lottery
STAGE ONE. After registration of applications for participation in the Green Card lottery is completed on December 30, 2003, the computer will randomly select approximately 80,000 winners from all application forms, of whom 50,000 will receive U.S. visas. The number of winners always exceeds the number of visas issued, because many winners are screened out by American consulates for various reasons or themselves refuse immigration.
STAGE TWO. These 80,000 winners will receive by mail ordinary notification letters with further instructions and detailed information about procedural fees in May-July 2004. These 80,000 have won the right to file a petition for a U.S. visa during the 2005 fiscal year (from October 1, 2004 to September 30, 2005).
Each notification will bear the case number of the lottery winner, which corresponds to his serial number in the general list. Persons who file a visa petition in full accordance with the instructions will be called for an interview at the American consulate. The Kentucky Consular Center will send these notifications four to six weeks before the interview. Visas will be issued monthly starting in October 2004 according to the serial number, until the entire limit of 50,000 is used up.
STAGE THREE. Although all winners will receive notifications in May-July 2004, only the first 50,000 who file visa petitions and meet all the requirements will receive U.S. visas. These visas must be issued to the lottery winner and to all those included in his application who wish to immigrate before October 1, 2005.
The process of obtaining visas at the American consulate includes payment of all procedural fees, passing a medical examination and an interview. It is also checked whether the petitioner and the persons included in his application meet all the requirements for foreigners entering the United States. If the American consul is satisfied with the results of all checks, he will put a permanent American visa in the winner's passport and thus turn him really into the Winner.