I’ve worked with my immigration lawyer for 12 years now, and no one knows more about me than Ken. He may not know what makes my heart beat faster (too much red wine and coffee, Ken), but he has the facts.
He has an original copy of my Leaving Cert results, and he knows the exact and dismal grade I got in my Organizational Behavior mid-term 15 years ago. He has letters from every company I’ve worked for, and unlike my parents, he knows what I did there, too—in fact, he helped me get work permits for most of them. He has maintained a trail of my addresses matched only by my Amazon account. Copies of my fingerprints, birth certificate, social security card, marriage license, divorce decree, and passport live in his files. He has written proof that I’m not tubercular, am HIV negative, and have been vaccinated according to today’s medical fashions.
If I were a private eye, hired by the children of a lovestruck billionaire to find dirt on me, I’d break into Ken’s files first.
His official client is my boss, Susan, who is my sponsor. She’s the one who paid him to make the case to the United States Immigration and Citizenship Service (USCIS) that my job is specialized enough to justify hiring a Green Card holder, and then to show that I’m qualified to be that very special alien.
The Green Card process is straightforward if you’re trying to hire a foreign scientist to build rockets. It may take a few years, but it’s not hard to prove that, in order, a) this job requires certain skills, b) no qualified Americans are available to do it at the prevailing wage right now and c) this talented foreigner is qualified to take the position based on her PhD in rocket science and her five years’ experience building rockets in Tanzania or Switzerland.
The path is twistier if, as in Susan’s case, you’re trying to hang onto an Irish BA graduate for a job that involves anything from making a diorama of the contents of a high-school locker to writing speeches for coffee moguls to coming up with a list of names of emerging stars who should be invited to Davos. (“Preferably females from the developing world…,” is always the whisper added to those requests.)
These are the requirements for a job like mine: curiosity, apophenia, empathy, and common sense, plus fair-to-middling writing skills and an ability to improvise.
The USCIS doesn’t count chronic apophenia as a qualification for becoming a resident alien in the United States. Nor do they take into consideration your card-counting ability, or your yellow hair. All that matters is your educational attainment in a relevant field and the work experience you racked up before you started the job in question—again, as long as you can show that it’s directly relevant. My Spanish degree looks muy bonito on my resume, but since I don’t have Spanish-speaking clients, it’s of no use to my Green Card application. Nor are the 18 months I spent failing to become a banker, way back when.
Over the past four years, Ken did the hard labor of proving that my job warranted special qualifications, and that no qualified natives had presented themselves when Susan advertised the position. What remained was to prove that I was worth a Green Card—that my degree, my paltry marketing diploma, and my lurching career were enough. Though I had no faith in my resume, I believed Ken would fix all my faults and lacks, so I was surprised to get a letter this past February. I shouldn’t have been.
“Request for Evidence,” it was titled. “The documentation submitted is not sufficient to warrant favorable consideration of your petition.”
It came from the USCIS processing center in Lincoln, Nebraska. I’ve been to Lincoln once. Tim drove me through it on a cross-country trip during the Christmas holidays of 2007. We bawled the Bruce Springsteen song over the roar of the old Honda. The muffler had dropped off in Detroit, and though Tim lay in the snow at an Iowa truckstop in order to tie it back on with yellow baling twine, all we got was a few miles of clunking and scraping before the renewed roar of internal combustion. A blizzard chased us across the plains. Every so often we’d pass a yard with a Clinton sign or, more rarely, an Obama sign. Whenever we stopped for coffee at a McDonald’s, our ears rang, and then froze. At the Wal-Mart on the Nebraska border, the cashier asked if we wanted a cooked chicken for two dollars. They would have to throw the chickens out at closing time, and the staff weren’t allowed to take them home. We ate it in a motel room, watching coverage of the Iowa caucus.
After twelve years living on the coasts, it was my first real visit to America. It was wonderful.
When I got that letter from the USCIS, I thought about the person who wrote it. February 2nd, 2009 it was dated: I pictured her pulling on a bulky jacket, cold to the touch from hanging in the hallway overnight, and stepping outside to shovel the driveway so she could get to work. On the car radio, she would hear more still about the unemployment rate, consumer confidence, and the banking crisis—enough misery to make her look for a music station. Then a stop for an Egg McMuffin, maybe, and the pleasure of that first sip of office coffee, and a chat about The Bachelor with the woman at the next desk. After that she would turn to the next file in her tray: a fat packet, 18 months old, with neatly tabbed sections for application forms, college transcripts, complicated descriptions of dotcom-era jobs in New York City, paystubs and tax records, and a covering letter in lawyer language setting forth why this Dervala Afria Hanley should get to get to stay in the United States.
She wants to live in San Francisco, this woman with the unpronounceable names. She has a fancy-sounding job—a Marketing Strategist, whatever that is—and she earns twice as much as a USCIS caseworker in Lincoln, Nebraska. Per the regulations, she doesn’t smile in the passport photos, and there’s a haughty look on her face, as if she shouldn’t have to sit through this. Born in Zambia, the application says, and then a string of jobs in London, New York and San Francisco. Divorced.
“Job losses in January reached record highs in every state…”
Must be nice to live in California in January.
When I think of a USCIS caseworker sitting at her desk in Lincoln, Nebraska this past February, assessing my application, I am amazed at her generosity in asking for more evidence instead of turning me down flat.
Ken and I scrambled for a few weeks, collecting more letters and transcripts. We had to ask my colleagues to dig out five years of corporate tax returns and other evidence that the company was real and could pay a worker. Then he mailed off another fat packet, and I waited.
Driving to work last Monday I thought about when I would have to start planning for failure. My H1-B work permit expires a year from now, and without a Green Card, I’d have to leave the US once again. My home country seems to be in its worst state since the Famine, if the local radio podcasts are to be believed, and the rest of Europe is hardly better. It seemed a most miserable prospect, and yet, even in the privacy of my motorcycle helmet, I couldn’t make the case that I have more right to my job than the thousands who are being laid off every day. I began to wonder what new adventures would be pushed on me. I was getting ready to improvise again.
And then another of Ken’s measured notes arrived in my email inbox, pleased to inform Susan that Dervala’s I-140 immigrant petition had been accepted, and that once a Green Card number became available my full application should be approved.
It’s a thrill. I’m not a lawyer, or even a dealmaker, so I blurted out to everyone in Twitter or text message radius that I’d been approved for a Green Card. That’s not quite true yet, but it’s truthy enough for me to take big breaths of relief, to cry at little and then laugh, to start wondering about all kinds of things that have always been above my station. And to feel a small girl’s pride in doing it all by myself, without needing a man’s accomplishments to stand behind.
Thanks, Mr. and Mrs. America and all the ships at sea. I love you.