today, i learned something for my work.
i’ve been wondering what the difference between those cases….
oh, i’m talking about Green Card application (US permanent residency application) through family sponsorship.
my office doesn’t usually take family-based cases except for our old clients and their friends. so the assistants including me are not very familiar with family-based cases. but for some reasons, i’ve gotten more family-based cases to take care of than other assistants ever since i started working here… seriously i don’t know why…:-/
there was still an unclear thing that i didn’t really understand about family-based cases. that was its Visa Quota.
Visa Quota is basically the limit of applications the immigration office accepts for certain period of time. the date called "Priority Date" is set for each petition (I-130 form) relating to visa quota. only those applicants whose Priority Dates are earlier than the visa quota cut-off date can submit/file green card application (I-485 form if in US and Consular Process if outside US).
this visa quota has different categories and some particularly mentioned countries. you can check the chart and brief explanations from here.
let me go back to what i was wondering.
i encountered a few cases. all of them are sponsored by spouses (not parents, sons or daughters, or siblings). but all of them needed different procedures….
i was like … "why????? what’s the difference!?!?!?" yeah you can tell i was so confused, lol.
but today the confusion faded away. the difference of those cases were:
1) if the petitioner (sponsor) is US citizen or Permanent Resident (Green Card holder)
2) if the beneficiary is under 21 or not
3) if the beneficiary (applicant) entered US with visa or without visa
number 3 is not what i figured out today but heard from another assistant before, so i’m not gonna go into details about #3 (it might not be true).
#1 and #2 make BIG difference!!!! because… if you are married to a US citizen, you don’t have to wait for visa quota or anything even if you stay in US illegally!! and if you are a son or daughter (even stepson/daughter) of US citizen and under 21, you are not subject to visa quota thing, either. (if over 21, you are subject to visa quota)
but if you are married to a US Permanent Resident, you have to wait for visa quota to cover your Priority Date. if you are Japanese, the visa quota is still March 2002. to caluculate by very simple way, that means it takes about 5 years for you to be able to become eligible for filing green card application (if in US) or obtaining immigrant visa (if outside US).
see? it’s a big difference, i would say.
right now, if you start permanent residency process through employment with the category of "professionals or skilled workers" (job requires BA or more than 2 years of experience in related work), it takes about 5 years to be able to file I-485 or to get immigrant visa. it’s like same as applying through marriage-base sponsored by a permanent resident.
and if you process under "Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability" (job requires MA or higher, or BA with more than 5 years of experience in related work), if you are Japanese, you can immediately file I-485 after the approval of Labor Certification. (yea it’s even faster than permanent resident’s sponsoring case!)
anyway, it’s getting too much of legal matter talk. so i’ll stop around here. but what i wanted to say was… if you wanna get married for green card, make sure that the person is a US citizen!! lol just kidding. don’t get married just for green card please;-) that’s sad…
by the way, let me talk about my today’s work a bit more.
a lady called, and another assistant answered the phone. she transferred the call to me because the lady said she wanted Japanese assistant. so, i took the lady’s call. she basically wanted to get some advice on her visa renewal or changing visa status.
first of all, she is not our client, which means that we don’t have ANY information about her. and the current visa she has is not the visa our office takes care of.
so i was trying to get some information about her employment/employer/petitioner. well, she was saying that her current petitioner will not be able to sponsor her when her visa expires. i asked, "who will be your employer?" … she said, "i will not have employer"…. (me "????") she continued, "i don’t need to stick to my current visa. any visa is fine as long as it lets me stay in US. and well, i called up a few other attorney offices and got some advice such as getting investor visa or …. (i forgot) … now i wanted to get more advice from your office."
i basically didn’t really know how to assist her since i’m not a lawyer. then she asked "what kind of position are you?" i said "i’m assistant here." she asked, "how have your office provided service to Japanese clients?" i answered, "well, we basically provide service to Japanese clients who ask for H-1B visa and green card application. our office only has an assistant who speaks Japanese, not the lawyer, so the Japanese assistant helps communicating with Japanese clients. but legal questions are mostly done by emails in English between clients and the lawyer."
ok, the conversation until here was conducted in Japanese. (so the translation might be different from what exatly she and i said.)
after i mentioned "legal questions" and "in English," this lady suddenly switched to English from Japanese saying that I can speak English very well, better than you.
if you know me well, you know that i don’t get pissed off/mad that easily.
well, today, right after she said "better than you," i was like (WHAT THE F*&%^$#@!!!!!" that’s sooooooo freak’n rude!!!!!) seriously, is that the manner for calling law office to ask for advice or WHATEVER??? what is wrong with this rude woman? i was taking my time trying to help her.
i’m nice to people who know the manner. and i hate people like this.
anyway, after she said that, i also immediately changed to English and said in a mean voice, "how do you know?" she goes "because i was born in US. i don’t have any problem communicating in English." (WHAT A DUMB!!! there are so many people who were born in US but are not able to speak English in this country, dumb a**) so i go "well, then why don’t you just email to the lawyer IN ENGLISH directly? in that way, the lawyer might be able to give you some advice."
she said "ok. i will. thanks for your assistance" (she didn’t really thank me, though. i could tell from her tone.)
strange thing is if she was born in US and wants to keep staying in US very badly, why did she give up US citizenship and chose Japanese citizenship?? well, i don’t really care about her anyway. but just found it strange.
sigh…. sorry guys. it was a complaint. but she was rude.
gggghhhhrrrrrrr i wanna shout!!!! it was very very very disrespectful for me!
i don’t deserve that.
so, i just complained and then i’ll put this issue aside telling myself that this type of person doesn’t even deserve my anger. so i’m not gonna stick to it.
thanks for reading me complaining:-P