by Chris Bodenner
A reader writes:
I haven’t felt it necessary to chime in on this matter, because I mostly agree with the initial set of responses that came in. The various filing fees, biometrics fees, anti-fraud fees, premium processing fees, training fees, etc. already constitute a “tariff” on visa applicants. That being said, the second reader response you just quoted contains so many incorrect statements of fact. And as an immigration attorney, I can tell you misinformation is one of my biggest enemies.
First, the fees for a fiancée visa petition and an application for adjustment of status do not come close to $5000. It is exactly $340 for the fiancée visa plus $1070 for the adjustment of status application (which includes the work permit fee), plus miscellaneous fees at the consulate. To exaggerate the true cost of these petitions doesn’t serve to forward the debate.
Second, the medical exams are not exorbitantly priced, though admittedly they are not usually covered by insurance. Depending on where you are, medical exams cost around $150-$500 (and if you’re paying more than that, I have a bridge to sell you).
Third, students do not have renew their visas every year. Student visa status is what is known as "duration of status", meaning that as long as they are enrolled as full-time students, they are maintaining lawful status. Visas (as opposed to status) which are needed only for returning after travel abroad, are usually valid for five years.
Fourth, with regards to H-1B visas, employers who withhold monies from employees to compensate for legal fees and filing fees are VIOLATING THE LAW. The employer can be subject to fines and penalties, as could be barred from hiring other foreign workers.
Details aside, your reader’s conclusion is a fair statement. Immigration is a very expensive and complicated endeavor and is fraught with countless pitfalls. The complexity of our immigration system is second perhaps only to the tax code, and in many ways, even more complex. The complexity serves to deter qualified and desirable applicants from even trying to maneuver their way through the system. It deters not only the poor, but the desirable middle class.
The same reader writes back:
Oh boy, I just got to the third quoted reader response… immigration lawyers lobby to keep the system complex!?!? That’s absurd. The American Immigration Lawyers Association (AILA), representing over 10,000 members nationwide, has consistently (though perhaps not very effectively) lobbied for comprehensive immigration reform. It is widely accepted among members of the bar that the system is broken. Moreover, we make money by starting and finishing cases in a quick, efficient manner. We do not make money trying to negotiate the complex system that exists now – those are the cases where we LOSE money.
The Dish 