How I Became an Illegal Immigrant

New America Media, Commentary, Supna Patel, Posted: Dec 06, 2007

Editor’s Note: An Indian woman who believed she was following all immigration laws found to her surprise that she had become an illegal immigrant. Supna Patel is a pseudonym. She can be contacted through South Asian American Leaders of Tomorrow (SAALT), at www.saalt.org or via mail at saalt@saalt.org. IMMIGRATION MATTERS regularly features the views of the nation’s leading immigrant rights advocates.

I came to the United States legally with my parents as a child more than two decades ago. My father was here on an exchange program, and my parents hoped to remain here once it ended. However, my father, notwithstanding his numerous graduate degrees and other qualifications, was unable to find an employer to sponsor him for a work visa before his exchange visa expired. Thus, my Indian parents, law-abiding citizens always, left the country.

I had fully intended to follow legal pathways to eventual U.S. citizenship; instead, I was now unwittingly an illegal immigrant.

I had always had high aspirations for myself, and was aware that if I left with my parents, I would probably be forced into a traditional arranged marriage, and would not be allowed to have a career. The only way for me to pursue my dreams was to stay in the United States. Accordingly, I, a straight-A student, stayed behind, on a student visa, hoping to eventually specialize in a high technology field, conduct research for NASA, and perhaps even have the opportunity to become an astronaut someday.

I graduated from high school at 15, and was awarded a scholarship to a prestigious university. After completing my bachelor’s degree, I enrolled in graduate school to earn a Ph.D. As I progressed in my field, I became aware of the shortage of minority students in science and engineering. Realizing that this was largely due to the acute shortage of math and science teachers, particularly in inner-city communities, I decided to do something about it. Not only would I get to be a role model, and make a difference, but I would be serving my adopted country as well. My original plan to become an astronaut no longer seemed as commendable, or worthy.

In order to teach, I would need to convert my student visa to a work visa, formally known as an H1-B. I did so, and began work in an urban school. After some time, I was offered an opportunity to teach in another, larger district serving inner-city students, and decided to take it. My new employer promised to transfer my visa, and I began work, only to discover that I was being paid just a little over half of what had been promised. I was also subjected to continued verbal abuse and discrimination from the administration, and my immediate supervisor sexually harassed me. Despite these abominable conditions, due to my pending visa transfer, I could not resign, and had no other recourse.

Two years later, I was unexpectedly informed that my (still pending) H1-B visa status had been terminated due to my new employer’s noncompliance with immigration regulations. Unbeknownst to me, my employer had failed to follow through on my visa transfer. Because my original H-1 visa had expired soon after I began work for the new employer, I was now considered to have been unknowingly and retroactively working illegally for over a year. I was suddenly out of a job, and out of legal status, through no fault of my own.

Still in shock, I discovered that my employer’s actions, although unethical and unscrupulous, were not illegal; employers currently have no legal obligation to follow through on visa paperwork or inform employees that they are no longer interested in doing so. My lifelong respect for the law and law-abiding behavior had come to naught. I had fully intended to follow legal pathways to eventual U.S. citizenship; instead, I was now unwittingly an illegal immigrant.

Although I have no trouble finding employers ready and willing to hire me, even sponsor me for a green card, I am legally unable to accept any of their offers. My once promising career has been destroyed. I no longer have any ties to my country of origin, and have nowhere and no one to turn to. Despite being an American in my heart and soul, if I do leave the United States, even temporarily, I will be barred from re-entering for ten years. Fearful of being deported, I must keep a low profile at all times.

Immigration laws need to be changed to penalize employers such as mine, and provide an avenue for appeal in cases of employer abuse and noncompliance such as this. Immigrants like me have spent years jumping through hoops and dodging minefields in order to comply with the broken immigration system currently in place, yet employers are not held accountable for doing the same.

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