Revision of green card rules gives immigrants hope

It has been a roller coaster ride for Mehul Kapadia and thousands of other skilled immigrants hoping for a chance at a green card that would allow them to take first steps toward permanent residency in the United States.

First, the State Department issued a surprise announcement that there were plenty of employer-sponsored green cards available. Then, on July 2, a sudden announcement indicated that no new applications would be accepted until October.

This week, there was another revision. While there are still no new green cards available, U.S. Citizenship and Immigration Services is now accepting new applications until Aug. 17.

"The public reaction to the July 2 announcement made it clear that the federal government's management of this process needs further review," said Emilio Gonzalez, CIS director. "I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations."

The announcement means that applications already properly filed will be accepted, and that the current fee schedule will apply. The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.

"This is awesome," said Kapadia, an Ogden software engineer originally from India, who filed his application on July 2. "Now I am very close as far as procedural steps are concerned, but timewise it could be years."

However, it doesn't mean an instant green card, said Bill Wright, spokesman for CIS.

"When they apply to adjust status, that becomes a pending application to adjust status to permanent residency," he said. "It is a line they get in. It is going to take a while."

Still, Kapadia, said there is freedom attached to having a pending application, such as the ability to travel and for his wife to work. Kapadia said he's been in line to file an application since December of 2003.

"It's not an end, but it's a better wait," he said.

The flap started in June when the State Department posted a visa bulletin indicating a current status to ensure that all available visas for the fiscal year would be used. Meanwhile, CIS had been working since May to reduce a backlog of applications that it already had on file.

The revised announcement was issued on July 2, the first day the applications could be accepted under the original bulletin, after all available visas for the fiscal year had been issued. That revision prompted outcry by those who had filed and threats of lawsuits against the two federal agencies.

Now that the issue has been resolved, Kapadia said he's satisfied.

"It's very reassuring," Kapadia said. "And it sends the right message to the world that the U.S. needs skilled immigrants and they are welcome here."

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E-mail: dbulkelely@desnews.com