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  • 10
    Apr
    2013
    6:32pm, EDT

    Through the obstacle course of immigration, many paths to citizenship

    John Moore / Getty Images file

    A woman takes the oath of allegiance during a naturalization ceremony in Newark, N.J., in January.

    By Erin McClam, Staff Writer, NBC News

    This is the first story in NBC News’ series “Immigration Nation,” an in-depth examination of immigration in America.

    The talk about reforming the American immigration system has focused on getting 11 million undocumented workers on the path to citizenship. It’s a simple idea that obscures a thorny truth.

    Immigration Nation

    An in–depth look at immigration in America

    There is no single path to citizenship. There are hundreds.

    Which path you take can depend on who your relatives are, whether you are safe in your homeland or how good you are at your job — in the case of one Canadian burlesque dancer, whether you can prove that you twirl your tassels in a truly unique way.

    Which path you take can depend on where you come from and how you’re trying to get here, on the whims of the federal government and on the laws of supply and demand.


    You can set out on a path through your family or your job, as most immigrants do — hitching your hopes to a citizen brother or sister, or to an employer willing to be a sponsor.


    Follow @NBCNewsUS

    You can take up arms for what you hope will one day be your country. Or you can win the lottery: Up to 55,000 spots each year go to people who line up for hours in far-flung places like Bangladesh or Kazakhstan to enter a drawing and try their luck at a new life.

    So what happens once you choose your path? There are at least 4.4 million people whose first-step visa petitions have been approved and are waiting for a green card that would grant them permanent residency, the vast majority trying to enter with help from relatives in the United States, according to the State Department.

    But that hardly means the path to citizenship is clear. Any number of obstacles can block the way. You can fall in love with an American citizen and move to a different path. You can be kicked off the path. Or the path can shift on you.

    Slideshow: Your newest fellow Americans

    John Moore / Getty Images

    Nearly 700,000 immigrants take the step to U.S. citizenship each year. Meet some of those who have just become part of that select group: Americans.

    Launch slideshow

    That is what happened to Sergio Garcia of Mexico, who has been waiting 19 years.

    His father, a retired California farm worker, sponsored him for an immigration visa in 1994. At that point, the father had a green card, and the son had crossed the border without documentation, in the back of a truck.

    For Garcia, Nov. 18, 1994, is what is known in the system as a priority date. To would-be immigrants, it means everything. When enough of the backlog has been cleared and your date comes up, you can take the final steps toward a green card.

    More than a decade ago, enough of the backlog had been cleared for Mexicans in his immigration category that the priority date was Nov. 12, 1994 — just six days from his date.

    Then the line jumped back three years, as it can when immigration officials work through a glut of cases. Since then, on the 15th of each month, Garcia has logged on to a State Department website to read the latest visa bulletin, to see whether he is any closer.

    Garcia said that if he had known at the beginning that it would take two decades to get his green card, not the three to five years he was told, then he would have returned to Mexico.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    “It’s probably been a month or two since I last ended up crying, because sometimes this life does get to you,” he said. “It’s not living, it’s surviving.”

    The United States admits up to 675,000 immigrants legally each year, including up to 480,000 who are related to American citizens but are not spouses, minor children or parents, according to the Department of Homeland Security.

    That figure includes 47,250 slots for each of the countries with the highest demand, including Mexico, the Philippines and India. Demand from these places far outstrips the supply of immigration slots.

    From Mexico alone, the theoretical line is 1.3 million people long. If you are emigrating from the Philippines through a brother or sister who is a U.S. citizen, and you are getting your green card today, you got “in line” about the time the Berlin Wall came down.

    And the green card is only the first step, entitling you to a five-year wait for full citizenship. In the interim, you can be rejected for a variety of reasons, including bounced checks, clerical errors on your application or adultery.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    “The system is just way too complicated,” said Margaret Stock, an immigration lawyer from Alaska who has testified before Congress on the issue. “It’s so complicated and difficult that people can’t absorb it. They think: There’s no way I can navigate that.”

    You can pay to get on a path: 10,000 visas — and ultimately green cards — are reserved for foreign nationals who invest at least $500,000 in an American business, though the program has never reached that number in the two decades it has existed.

    Some paths are shorter than others. Qualified immigrants who have temporary visas can join the military and become naturalized citizens as soon as the end of basic training. President George W. Bush expedited the military path after the Sept. 11 attacks.

    And about one in 10 people legally admitted to this country every year is granted entry because of asylum or refugee status, and a one-year path to a green card, after proving a legitimate fear of persecution at home.

    That happened to Parvaneh Vahidmanesh, who was in the United States on a visa when Iran was engulfed by violent protests after the disputed 2009 presidential election.

    In an open letter in The Wall Street Journal addressed to Iran’s supreme leader, Vahidmanesh demanded to know why a bullet was the answer to peaceful cries of opposition. The United States deemed it too dangerous for her to return home.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    Vahidmanesh applied for asylum after the Journal letter was published, was granted asylum in September 2009, got a green card a year later and is waiting to become a citizen.

    She said that she feels accepted in the United States, never like a foreigner or even a guest.

    “Now, I have a future,” she said. “Most important thing is freedom. I just feel freedom with all of my self here in the U.S. In Iran, I never felt that I am a free person.”

    The immigration reform plan being devised in Washington, chiefly by four senators from each party, is expected to provide a means for the estimated 11 million who entered the United States illegally eventually to become citizens.

    Precisely how is far from clear, as is whether the plan would include an unspecified “trigger” requiring that the U.S.-Mexican border is declared secure before any citizenship program for the undocumented can begin.

    It is also expected to include some kind of guest-worker program allowing low-skilled workers to remain in the United States.

    Supporters of tighter immigration controls have concerns about both elements, but most acknowledge that the country needs far more clarity on who should and should not be eligible to become an American citizen.

    Mario Anzuoni / Reuters file

    Candidates wave U.S. flags during a naturalization ceremony to become citizens in Los Angeles in February.

    Some advocates of a more permissive immigration system say that the central problem is that the United States does not issue nearly enough visas.

    Even if the United States stopped approving new requests for family-based immigration visas today, it would take 19 years to clear the backlog of people waiting to join a relative in the United States, according to the Migration Policy Institute, a nonpartisan research center.

    “We haven’t changed our legal immigration numbers since 1990,” said Mary Giovagnoli, director of the Immigration Policy Center, part of a Washington group that supports immigration. “Think about the cellphone that they were carrying in ‘The Wedding Singer.’ Now think about your iPhone today.”

    As Garcia waits for his priority date, his shot at citizenship, he figures there is no turning back. As strange is it may sound, he said, he believes that his father was right to encourage him to embark on the path to citizenship.

    “I still think this country is a great country, and I think it will give me, in the end, a better future than I could have had in Mexico,” he said. “I still truly believe in the American dream.”

    Petra Cahill, Tracy Connor and Miranda Leitsinger of NBC News contributed to this report.

    712 comments

    Just say "NO" to amnesty.

    Show more
    Explore related topics: immigration, illegal, immigrant, visa, citizenship, featured, undocumented, green-card, immigration-nation
  • 17
    May
    2012
    10:33am, EDT

    Immigration decision could make it easier for foreign 'fusion' bands to play in US

    Skirball Cultural Center

    Orchesta Kef, a band from Argentina, was denied a visa in November 2009 to perform in Los Angeles.

    The next time Orquesta Kef gets invited to play in the United States, it may actually be able to get into the country.


    Follow @msnbc_us

    The band of young musicians from Buenos Aires, who blend Klezmer music – traditional instrumental music of Eastern European Jews – with Argentine tango and folk, were denied entry in November 2009 by U.S. immigration officials. A U.S. Citizenship and Immigration Services director recommended against issuing the group a so-called P-3 a visa to perform at a “Fiesta Hanukkah” concert in Los Angeles, saying there was no proof the group’s act was “culturally unique.”

    After public blowback, an appeals board re-examined the case and reversed the decision – but by then Hanukkah had passed and Orquesta Kef never got to play in L.A.


    This week, Citizenship and Immigration Services announced it was officially clarifying its definition of “culturally unique” to specify that it “is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or region.”

    The new definition will apply to reviews of future applications for P-3 visas from foreign performing artists and entertainers.

    “It was something that needed to have a more fine-tuned definition,” said immigration services spokeswoman Sharon Rummery. “It’s going to make it easier for us to adjudicate cases like these in the future."

    People who want to perform in the U.S. typically need one of the following: a P-1 visa, issued to internationally recognized athletes, artists and entertainers; a P-2, for artists or entertainers in a reciprocal exchange program; a P-3 visa, issued to entertainers participating in a culturally unique program; or an O-1, known as the “genius” visa, for individuals with extraordinary ability in the arts, athletics, education or sciences (NBA star Dirk Nowitski of Germany, for example, has an O-1).

    In its original P-3 denial, an immigration official concluded of Orquesta Kef:

    “The evidence repeatedly suggests that the group performs a hybrid or fusion style of music, incorporating musical styles from other cultures and regions. A hybrid or fusion style of music cannot be considered culturally unique to one particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.”

    The band had been booked by the Skirball Cultural Center, a Jewish cultural institution in Los Angeles, to perform at its annual Hanukkah holiday concert. In the visa application, Skirball included a short biography of the band, describing the ensemble’s  “unique musical style” as “based on the millenary force of tradition and the powerful emotion of the Jewish culture, mixed in with Latin American sounds.”

    Skirball also provided letters from music experts who testified to the group’s unique sound.

     “How more culturally specific can you get than Jewish music of Latin America?" Jordan Peimer, Skirball’s vice president and director of programs, thought at the time.

    The visa denial was the topic of several scathing columns, including a blog post on Foreign Policy magazine’s website sarcastically titled “Keeping America safe from Latin Klezmer bands.”

    Watch the most-viewed videos on msnbc.com

    Peimer, who said the initial denial was “a huge missed opportunity,” called the latest decision “a vindication for the band … and also a vindication for the American people.” 

    “It says our government works,” he told msnbc.com on Wednesday.

    Alejandro Filippa, a New York immigration attorney who specializes in artist visa applications, said the immigration agency’s clarification of the definition of “culturally unique” was a positive step in a world of increasingly diverse and interdependent cultures.

    “The door is now more open for an entire new wave of artists to perform in the United States,” Filippa said in an email to msnbc.com. “Unfortunately, the fact this application was initially denied is indicative of the cultural ignorance of some USCIS officers in adjudicating cases that are more reflective of the modern, diverse international community we now live in.”

    As for when Orquesta Kef might finally play in the U.S., Peimer says he hopes to book the band for a future Hanukkah concert.

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    31 comments

    LOL Figures. Rather than do the RIGHT THING and shut down the illegal alien free for all at our borders the US Immigration Department goes and screws with some people actually trying to come here the right way. What the F*CK is WRONG with this country???!!!

    Show more
    Explore related topics: immigration, music, argentina, jewish, visa, klezmer, orquesta-kef, culturally-unique

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