Angelika I want to start today with a report about our still ongoing Green Card process, because in the last few weeks we have once again been struggling through the bureaucratic mills in this regard. Some time ago, in Rundbrief 05/2000 I already wrote about this, but due to the current events and because we keep receiving inquiries, I am happy to summarize it once again.

The coveted document is traditionally called a "Green Card" because it used to be green. It represents the permanent residence and work permit, meaning that American Green Card holders are allowed to take any job anywhere in the USA (or not work at all), choose their American place of residence freely, and live permanently on American soil. Entry and exit to the USA are unrestricted. American citizenship can be applied for after five years of holding the Green Card. However, Green Card holders are not allowed to vote and will lose their Green Card if they give up their American residence. The idea that Green Card holders can live outside the USA and that it is sufficient to vacation in America for a few weeks once a year is a myth. Leaving the USA for more than a year risks losing the American Green Card. Engaging in criminal activities is also not advisable if one wishes to retain their Green Card status.

Additionally, there are already a hundred and one reasons why the American immigration authorities might not grant someone a Green Card in the first place. Those with poor chances include, among others: terrorists, spies, and Nazis, but also prostitutes, drug dealers, polygamists, and convicted criminals of any kind. People infected with HIV, those suffering from tuberculosis, mentally ill individuals (if they pose a threat to the safety of others due to their illness), drug addicts, and foreigners who are likely to become a financial burden on the American state, meaning those who would apply for welfare, generally do not receive the coveted Green Card either. However, there are subtle differences in these cases. For example, a foreign couple would not receive a Green Card if one of them were HIV-infected. On the other hand, if one is married to an American citizen, the Green Card would not be denied in the case of an HIV/AIDS infection.

But who on earth is even allowed to apply for the Green Card? The following groups of people are free to navigate through the bureaucratic jungle:

1. Immediate relatives of American citizens, no quota yearly quota restrictions: a) Spouses b) unmarried children under 21 years of age c) parents of American citizens at least 21 years old.

2. Immigration through other relatives ("family-sponsored immigrants"), annual quota: a) unmarried children of American citizens, 21 years or older b) spouses and unmarried children of greencard holders c) children of American citizens d) siblings of American citizens, 21 years or older

The possibility of immigration based on the listed family ties initially sounds quite generous. However, this category is subject to numerical annual limitations, meaning it can take years (waiting times of 10 years are not uncommon) before the applicant will actually hold a Green Card. The waiting times also depend on the country of origin. If there is a quota system for a category, no more than 7% of the total amount is allocated to a specific country. Additionally, the total number of greencards issued worldwide annually is not necessarily abundant. For example, 65,000 Green Cards are allocated annually worldwide to siblings of American citizens. This corresponds to the number of siblings in Mexico alone who are waiting for their Green Card.

3. Immigration for employment reasons (Employment-Based Immigrants), annual quota:

In this category "Immigration for Employment Reasons," a so-called "Labor Certificate" is usually required, which is proof that there is indeed no qualified American available for the advertised job. Investors and highly skilled workers, including prominent professors and researchers as well as executives, can consider themselves fortunate because they do not need a Labor Certificate.

4. Green Card Lottery, annual quota: People from countries with a comparatively low number of immigrants living in the USA. It is indeed a lottery. To participate, in addition to a qualifying country affiliation, you also need to have completed an education. Michael and I, of course, participate every year. And I have to get this off my chest: It seems to have become fashionable in Germany to participate in the Green Card Lottery just for fun, even if one never intends to work and live in America. Yes, dear people, please think of those who have been waiting for years for their Green Card ...

5. Political asylum/refugee status, quota regulation for refugees: Political asylum seekers and refugees who are persecuted because of their religion, nationality, ethnic affiliation, etc.

There are also some special cases that allow for a green card application. However, I'll spare you those for now so you don't fall asleep while reading.

And now for the big quiz question: Which category do Michael and I fall into? I've already mentioned that we always participate in the Green Card lottery. So, our only option left is through the employer, namely AOL. By the way, Michael is not considered a highly qualified worker with extraordinary abilities, as this category is reserved for internationally renowned scientists and writers, among others. Even though Michael has already written Perl books, this is not enough for the immigration authorities as proof of fame, much to Michael's chagrin. So, Michael settles for the category "persons with a university degree and special skills." In this whole process, I am considered an "accompanying relative"--which should not be confused with the "immigration through relatives" category. If Michael receives the Green Card with the help of his employer, I will also get it and receive the same privileges--in other words, I will be allowed to work, for example (Michael is already looking forward to this day). The only thing I have to prove is that I am married to Michael. Children under 21 years old are also considered "accompanying relatives." It is important to note that there is no quota regulation for the listed relatives in this case. A truly humane aspect!

The tricky part about the Green Card process with the help of an employer is that, in principle, the employer applies for the Green Card for the foreign employee, as they are providing the job. This can lead to unforeseen problems. If you lose the job, the Green Card application essentially dissolves. The same applies if you change jobs. The ongoing Green Card application ends up in the trash, and you have to start over. Since it currently takes between three and five years in California to even receive the Green Card, you want to avoid at all costs having to go back to the starting line. However, the layoffs currently on the agenda are causing many (including us) to worry about the applied-for Green Card.

However, there is a small glimmer of hope. I already explained in the penultimate newsletter that Clinton, shortly before leaving office, signed the new law "American Competitiveness in the Twenty-first Century Act of 2000." This law states that you are allowed to change your job if you have been in the third and final step of the Green Card process for 180 days and have not yet received a decision. However, a prerequisite for transferring the Green Card application to the new employer is that the new job is similar to the old one. And here we face the next problem, because the law is quite vaguely formulated, and no one currently knows how the immigration authorities will interpret "similar," for example. Everyone is eagerly waiting for the immigration authorities to come out with regulations that describe how the law should be implemented in practice. However, this could take months, sometimes even years. The law also only considers the case where the employee changes jobs (it was introduced under rosy economic conditions). But what happens if you get laid off? Does the Green Card application remain valid if you quickly find a new, similar job? And if so, how quickly must this happen? I tried last week to get an answer to this question by surfing the internet for hours, but everyone is clueless, even the lawyers. The current motto is: Don't get laid off and don't change jobs!!!

To obtain a Green Card with the help of one's American employer generally requires successfully completing three steps:

The first step: "Labor Certification" (The Work Certificate). The American employer submits the required documents to the state and federal labor departments ("Department of Labor"). The goal is to prove that no American worker is available for the advertised job. The employer must not only place advertisements in newspapers or similar public media, but also conduct interviews with potential candidates. The labor department determines how the advertisements must be designed.

The second step: "The Immigrant Visa Petition." The American employer submits the petition for the foreign worker to the immigration authorities. It is verified whether the worker truly possesses the required skills, for example through diplomas and employment references. In addition, the employer must prove that they genuinely need someone with the described qualifications and that they have the financial capacity to pay the locally prevailing wage for the advertised position.

The third step: "The Green Card Application." This is the formal application to obtain a Green Card, submitted to the immigration authorities. At this stage, you transition from non-immigrant to immigrant status. For the first time, you appear as the applicant yourself, rather than just your employer. The application is submitted either to the U.S. immigration authority ("adjustment of status") or to the American consulate in your home country ("consular processing").

The latter might seem confusing at first, but it's entirely possible to have a U.S. job offer while still outside the U.S.—in that case, the consulate in your home country is responsible for issuing the Green Card. Or, one might travel from the U.S. back to their home country and complete the final step there.

Until a few years ago, this was often much faster than going through the usual procedure within the U.S. However, after the German company SAP reportedly sent hordes of employees to the consulate in Frankfurt to speed up the Green Card process, a new form was introduced to close that loophole.

As a result, most Green Card applicants now file in the U.S.—as are we. We’re currently in this third step. It’s here that you must prove you have a clean bill of health and a spotless record.

And the adventures we had during this step—you’ll hear about them in Rundbrief 07/2002, but I’ll let you digest all this information first.

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• More topics you might be interested in:

  	Marathon
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  	The President Is Sending Us Money
  	Help Me Spend Money
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