Another Immigration Horror Story

A couple of days ago I wrote a rant about how painful it was to deal with the Massachusetts and the federal government. In contrast, civil servants in the Quebec and Canadian governments have often gone out of their way to help me out ... and boy did I ever need their help (maybe someday I'll write about it). T. Price, an American Postdoc living in Montreal, then left his own story in the comment section. It got labeled as junk by TypePad and I just "unjunked it". It illustrates much of my rant and I would like to share it with you:

Your rant is spot on. I don't even speak the language of the Quebecois bureaucracy and I have found them to be helpful, polite and expeditious, which was almost never the case back home in Texas. Moreover, bureaucrats here seem to have a keen understanding that people's lives do not fit into neat little checkboxes and when problems arise they need to be taken care of and not allowed to fester into a tailspin through the maze of redtape that these offices almost always become behind the front desk.

If I might just offer an example, which will be somewhat lengthy, but perhaps will prove a point. I am American, my wife is Mexican. We were married 4 years ago in Texas and my wife became a conditional permanent resident of the US one year following our marriage, hence a conditional resident for the 2 years following that date. The next year, I applied for, and recieved an NIH NRSA Fellowship for postdoctoral work at McGill University where we are now (Montreal, Canada, for those who don't know). This created a problem for my wife since we would be living outside the US, however, we were assured by a Congressperson and Immigration (USCIS) officials that it was okay because I was a Fellow of the NIH. We eventually applied to have the conditional status of her residency removed and we were placed on over-seas hold, as is customary for anyone living outside the US as a permanent resident of conditional status. The catch is, if you are on official government business, you do your interview and have the conditional residency change to permanent at the end of your service, if you are not on official government business you must return within one year of the end of the conditional residence.

We assumed that everything was okay as we had sent all of my NIH documents to USCIS and been told, by a congressional liaison that our paperwork was in order. However, as the deadline approached for the conditional residence extension to end, we recieved a letter from USCIS that my wife's permanent residency has been terminated unless we can prove we were living in the US prior to July 2006. Since my NRSA runs from March 2005 to March 2008 and we are living in Montreal, we obviously cannot do that. Hence, I am a Fellow of the NIH doing work on an NIH grant at a foreign institution (mind you it wasn't easy to pull that one off in the first place) and the government does not consider me to be on official government business and has in effect kicked my wife out of the country. We have tried to go through as many channels as we know and no one seems to have even the slightest idea what to do for us or even who to contact at USCIS. Ironically, we applied for a reentry permit (temporary passport) for my wife because she is tired of getting harassed by border officials (it really is tough being Mexican in the face of an immigration officer) and even though they have stripped her residency, we were asked by that office (USCIS but in a different state) for additional documents so they could go ahead and approve the reentry permit. Does that make any sense?!? We had intended to return to the US following my postdoctoral work but now we are seriously reconsidering that proposition.

As I said before, I don't think that this necessarily illustrates anything about Canadian superiority. I think that the problem is a type of ideology found in the US, that government is bad. It's a self fulfilling prophecy. To deal with American governmental agencies, you must withstand many obstacles and crazy rules ... these were designed to make things purposely inefficient. Why? Why? Government is bad, they say. Let's dissuade them from using it. Arrrgggghhhh!

(Then we wonder why the US government made a horrible event in New Orleans that much worse ... )

We, in the US, should rid ourselves of this ideology. Government isn't bad or good ... it is a necessity. It can be efficient. It can work. And to believe that government can be efficient does not mean that I'm advocating communism or socialism. Government should be there to help the citizens of a free market society get certain services. To help the free market. Here is news for you ... according to many experts NAFTA (North American Free Trade Agreement) has benefited Canadian citizens more than Americans. Let me rephrase this. By lowering tariffs and increasing head to head competition, Canadian "shackled by their big government" have done on the whole BETTER than their American "government is bad" cousins.

And there is a word for a society with no government ... anarchy. (Somalia anyone?)

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Thanks for posting this Alex. I was wondering what happened to the post!?!

We are now considering filing suit through the ACLU (we are trying to find the appropriate office to contact now) mostly in the hopes of getting the role of NIH NRSA (there are several thousand of us) postdoc fellows clarified (employee or not) and getting USCIS to determine what is official government business for their purposes since this is not clearly defined, unless you are military or diplomatic.

And good call on NAFTA -- the softwood lumber debacle is an excellent example. The US is essentially cheating the treaty to compete. Not cool at all!

By Theodore Price (not verified) on 31 Aug 2006 #permalink

Ni Hao! Kannichi Wa! What the hey is going on here? What is NIH NRSA (I assume meaning USPHS) support doing supporting a Canadian position? What is the "trade imbalance" on this one, e.g. USA support going to Canadian science over NRC dollars going to US science?Canada is essentially a resentful welfare state of the USA. But ironically like a child-parent relationship is willing to bite the hand that feeds in the frenzy to live the illusion of independence and identity.Only through the price paid by the US at many levels does Canada have the luxury of the arrogance.Largely because of their homogeneity and smallness, the load on the Canadian government, particularly immigration issues, is minuscle compared to that on the US government. Judged by the few people I know, particularly those from Yellow River country, Canadian immigration is being scammed to achieve residency for coming back to the USA.Having lived among and near them for many years, I found the Quebec'ers even more arrogant and hypocritical than eastern Canadians in general, particularly their rules and bureaucracy (more like Europe, back on the Yellow River (China), Japan, etc.). Most like the arrogance of the "all show and no go" French more or less relative to the rest of Europe. Even though they know English quite well, an arrogant xenophobic holier than thou attitude pervades even concerning the language.Good luck on finding decent Mexican food, particularly non-Tex-Mex anywhere in Canada, much less Montreal, although a few places off Sun Yat Sen square are not that bad for Yellow River fare.MOTYRBTW, I am and always have been for the independence of Quebec, it would be a true test of whether they could live their illusion, truely independent of the welfare of the rest of Canada and the USA. Vive le Québec libre!

By Mouth of the Y… (not verified) on 31 Aug 2006 #permalink

"Canada is essentially a resentful welfare state of the USA."
"Only through the price paid by the US at many levels does Canada have the luxury of the arrogance."
"Largely because of their homogeneity and smallness, the load on the Canadian government, particularly immigration issues, is minuscle compared to that on the US government."
Three statements that I completely disagree with.
"Even though they know English quite well, an arrogant xenophobic holier than thou attitude pervades even concerning the language."
One statement that I agree with.

MOTYR,

NIH NRSA refers to the type of award I have, it is a National Institute of Health award called the National Research Service Award. It is the major mechanism at NIH for postdoc support. It is unrelated to USPHS. NIH supports basic science research all over the world and they are not alone in doing so. For instance, many foreign postdocs at McGill have fellowships that are sponsored by their home countries. Moreover, many PIs have both NIH and CIHR funding for their research both for international collaborations and for projects that are specific to their labs here in Canada. Science is an increasingly international endeavour. If governments will not support it, who will?

There is plenty of excellent Mexican food here in Montreal. Perhaps not spicy enough for my taste, but jalepenos on the side can always be had.

By Theodore Price (not verified) on 01 Sep 2006 #permalink

MOTYR, check your statistics. The proportional immigration rate is about 2 to 3 times higher in Canada than it is in the states (the exact figure depends on the year, and on the definition of immigration). Same for the proportion of immigrants already in the country.