Unravel the Mysterious Veil of the Green Card

Unravel the Mysterious Veil of the Green Card
By Stephen S.F. Chen
February 1, 2008


The offense and defense over the “Green Cards” aired on TV between the DPP Presidential candidate Frank Hsieh and the KMT Presidential candidate Ma Ying-jeou have sowed confusion throughout society as the offensive side and the defensive side have proffered divergent rationales on matters regarding the US “Green Card.” Having been a ROC career diplomat in the US for many years, I have put in time and effort in the study of the US Immigration and Nationality Act. Just let me try to unravel the veil of mystery of the “Green Card.”

To begin with, there was no expiry date printed on the old version of the Green Card (so dubbed because of the color). Now, Green Cards have a validity period of ten years. Once the new version began to be issued, people holding the older version were required to exchange them for the new Green Card. However, regardless of whether you hold the new version or the old one, you may be found to have abandoned your permanent resident status if you:

1. Remain outside of the US for more than one year without obtaining a reentry permit.
2. Remain outside of the US for more than two years after issuance of a reentry permit.
3. Move to another country intending to live there permanently.
4. Fail to file income tax returns (including overseas incomes) while living outside of the US for any period.
5. Apply for a nonimmigrant visa, such as F1 visa, or B1/B2 visa

Above are the conditions under which a Green Card expires automatically. However, one can also apply to give up his or her Green Card officially in written form. Therefore, if one of the five conditions mentioned above applies to Ma Ying-jeou, then his Green Card issued 20 years ago has already expired automatically.

Whether one can work without a Green Card depends on an individual’s case. In principle, one cannot work without a Green Card, unless he or she is 1) A student working on campus. 2) A student working outside of the campus but with limited hours (a part time job). However, this kind of part time job does require a work permit from the Immigration Bureau. In other words, if one does not have a Green Card, one cannot work full time on a student visa. Generally speaking, an employer will not apply for a work permit for an employee, unless he or she excels in his or her profession, for example, Wang Chien-ming

The process for an employer to apply for permanent resident status for a prospective employee is: first, an employer has to apply to the US Department of Labor. An employer is unable file petition with the US Citizenship and Immigration Service (USCIS) until an employer proves that the prospective employee will not infringe on the working rights of US citizens. Unless it is necessary or an employer needs professionals like Wang Chien-ming, a New York Yankee pitcher from Taiwan, usually an employer is not willing to go through the long process. Before the employee gets his/her Green Card, i.e., during the transitional period, an employer can apply to the USCIS for an H1 visa. One is permitted to work if he/she holds an H1 visa. This probably is the origin of the misconception that people without holding a Green Card are still eligible to work in the US. In fact, an H1 visa is granted to someone pending the issuance of a Green Card. Not just anyone wishing to work can apply to the USCIS directly for an H1 visa. Only an employer can apply for an H1 visa. There is another misconception often heard, namely, some people mistakenly believe that one is permitted to work in the US if he/she holds a social security card alone. In fact, that is illegal.

US Green Cards are similar to driving licenses issued in our country in one key respect. Although many decades ago, there was no expiry date printed on our driving licenses, now each license has a validity period of ten years. Once the new licenses began to be issued, old licenses were required to be exchanged for the new version. If you find an old license with no expiry date, it is ridiculous to claim that the person’s license is valid. Such a document is no smoking gun proving a person guilty of murder. Some documents do remain valid for a lifetime: a birth certificate, high school diploma, etc. However, most documents conferring a privilege do not: driving license, credit cards, passports, travel visas and, of course, US Green Cards. Anyone who has ever had one of these documents knows that this is an undeniable fact. Frank Hsieh’s accusations are ludicrous and clearly a sign that he will shamelessly resort to any and all means, including mud-slinging, to fulfill his political ambitions.

In daily press conferences broadcast live, the pan-Green camp ferociously lash out at Ma Ying-jeou and call into question his loyalty to Taiwan. People only can look up to the sky and sigh, hoping that both sides will return to matters of substance, such as economic policies. Only when the Green Card dispute comes to an end will the people find relief.

Attachment : none