Can Immigration Authorities Take Away a Farmer’s Life’s Work?
Developments in Immigration Law
Can Immigration Authorities Take Away a Farmer’s Life’s Work?
By Heather N. Jarvis, guest writer
RT*came to the United States ten years ago to buy and run a dairy farm. He was admitted with an “E-2 Investor Visa,” which is issued to people who invest here and create jobs for U.S. citizens and residents. He has invested blood, sweat and more than $1.5 million in his farm. Like many farmers, declining milk prices forced him to sell his cows to survive. When he sold the cows, RT shifted the focus of his farm from milk operations to feed crop operations. This change placed RT at risk of not having his visa renewed, because he changed from milk farming to raising and selling hay.
The Citizenship and Immigration Services (USCIS) branch of the Department of Homeland Security must approve a renewal of the visa. However, USCIS analysis procedures are uncertain. RT has no idea where in the U.S. his application will be processed.His fate is in the hands of some nameless person in some unknown location, applying highly subjective criteria. The issue is whether the feed crop farm would be regarded as a business enterprise like the dairy farm. Would the unknown person assigned to review his visa renewal application be able to see his Vermont working farm as a business, minus the milk? Cherishing Vermont’s agricultural landscape and products is instinctive to Vermonters, but not necessarily so for others. If not, he would lose his entire investment.
RT made these changes without any way of knowing in advance whether the change would be permitted (like renovating a house before you know you can live there). RT could not apply for renewal for two more years. Now the anxiety begins. To what extent would the one official vested with all the authority to approve or deny RT’s application understand the beauty and economics that make farms make sense for Vermont?
He could not wait two years to get an answer. Fields needed planting, and animals needed feeding - a working farm can’t be put on hold while the wheels of bureaucratic decision-making turn. He applied his decades of knowledge to achieve the best yield from his acres. From smaller hobby farms and many others he obtained contracts and promises to purchase the hay he produced. He renovated buildings for hay storage and maintained housing for his workers. He bought expensive farm machinery and equipment. All the time not knowing whether his efforts would be for naught.
Luckily, RT’s story appears to be ending well. His visa application was approved. But the sword of Damocles is still over his head. A Department of State consular official could reject it for unknown reasons. There is no appeal for that. Also a Customs and Border Patrol officer could refuse to allow him into the United States if that official thought RT hadn’t met the “business enterprise” criteria. He’s in daily jeopardy. And worse, the whole process starts over again in two years.
Immigration law is a stormy sea for people like RT who are admitted to the United States to help U.S. citizens.It should come as no surprise that RT feels he has done a lot for Vermont and yet is treated with suspicion and contempt. Would you like your life to be subject to the whims of a bureaucrat? Immigration reform, anyone?
*Pseudonym.The unbridled authority and discretion given to immigration and customs & border officials is an ongoing factor in RT’s and all foreign nationals’ lives.I would not want one official who prefers milk to hay to create problems.
Heather Jarvis is an attorney with Cheney, Brock & Saudek, P.C. who frequently works with and writes about immigration issues.
