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Family-based immigration gives US citizens a chance to bring their families to the US and start their new life in this land of dreams. While immigration policy is a hot topic of debate for several reasons, most have little to do with evidence. The right immigration lawyer can provide the best knowledge and advice regarding immigration and help you overcome the challenges and hurdles on your path to the US. Alina Kats and her team of experts are dedicated immigration attorneys and offer personalized services based on your situation and goals.
The United States is a multicultural land and a steady stream of immigrants from all parts of the world has played a crucial role in shaping it. Immigrants hold different occupational and educational degrees and bring new skills that have wide-ranging impacts on the society and economy, which contributes towards the country’s growth. To immigrate to the United States means to relocate here permanently by obtaining a green card, officially known as an immigrant visa or lawful permanent residence.
If you are interested in permanently moving to the United States, you must prepare beforehand. It is essential to gather as much knowledge as you can about the immigration system to understand what the process involves and what you can do to ensure desired outcomes.
The US government provides millions of people a chance to obtain a green card each year which makes them lawful permanent citizens. These people eventually become eligible for US citizenship within 3 to 5 years. There are more than 13 million permanent residents living in the US, excluding those who are here to work, visit, or study.
It is worth noting that nearly half of these green cards are allocated to spouses, young children, and parents of US citizens, and there is no cap on these immediate relative family visas. However, due to the unusually high demand for green cards, there is a wait time of years and even decades.
Although family-based immigration has always been the bedrock of the US immigration system, misconceptions, and fake news often make it difficult to believe and distinguish facts from rumors. Read on to learn key findings about family-based immigration and what you can expect if you look forward to making it a home for you and your family.
Here are 10 surprising facts about family-based immigration that will help you better understand how things work, and what you can do to increase your chances of securing a green card and enjoying a good life in the US.
President Trump is planning dramatic changes to the way green cards will be allocated. While there are slim chances of this proposal becoming a law shortly, it shows how skeptics of family-based immigration want to change the current system.
Trump’s proposal would maintain the same number of new green cards issued each year, about 1.1 million, but it would reallocate 500,000 of them to a points-based category. This category is designed to reward exceptional talent, professional and specialized vocations, and extraordinary academic track records. This would eventually lead to the reduction and elimination of family-sponsored green cards for the parents, siblings, and adult children of US citizens, as well as the spouses and young children of permanent residents. It will also affect the Diversity Visa program.
This may come as a surprise, but according to the new policies, the green card processing times can take even more than 100 years. These processing times are based on two main pathways, employment-based and family-based immigration, and each path has its distinct requirements and timelines, whether you apply from within or outside the US.
Even though the USCIS processing times are generally increasing, they remain at the pre-pandemic levels. To learn how long it will take to get your green card, you will need to consider two distinct waiting periods that may apply to your case. One is the visa bulletin waiting period, which is the waiting in line for your number to be called. The other is USCIS processing time, in which USCIS reviews and approves your actual green card application once you are allowed to submit it. In some cases, immediate relatives of US citizens can skip the first waiting period entirely, but others may have to face both wait times.
Family-based immigration is often considered as something different from high-skilled immigration or merit-based immigration. Merit-based immigration usually describes immigrants who come to the US based on their job or education skills. A large number of family-sponsored immigrants are highly educated and skilled and enjoy better economic growth and flexibility than immigrants on restrictive employment-based visas. It may come as a surprise to millions of US natives who hold their spouses,
children, parents, and other relatives in high esteem.
Research shows that immigrants who get their green cards based on family relationships or the Diversity Visas have college or graduate degrees as compared to native-born US citizens. This is also due to the eligibility rules for such visas.
While it is true that most family-sponsored immigrants nationwide came from Mexico, people from other countries have also made their way to the US and are living in different parts of the country.
Every state has its share of immigrants who come here based on family reunification. The most populous states California, Florida, Texas, and New York, have the highest number of permanent residents.
At the same time, there are many states in the Northwest and Midwest with comparable numbers of immigrants with green cards for refugees and asylum seekers, as well as a family-sponsored green card.
These figures might seem astounding, but they are based on facts. There is no waiting list for a green card for spouses, minor children, and parents of U.S. citizens as long as these relatives are approved for permanent residency. But this process by itself can take over a year in processing time.
However, things are different for other family-sponsored immigrants. Currently, there is a waiting list of nearly 4 million people in life for green cards, subject to the annual cap of 226,000. The overwhelming majority are relatives of US citizens, especially siblings.
By far, the largest category is Mexican siblings of US citizens, and other relatively large categories including Mexican adult children of permanent residents, Mexican married children of U.S. citizens, and Bangladeshi, Chinese, and Indian siblings of U.S. citizens. Most of these family-sponsored green card applicants are living abroad as they wait for their green cards.
US citizens are entitled to sponsor their spouses and minor children for green cards and only have to wait for the government’s processing time. However, it may come as a surprise that spouses and children of green card holders may end up waiting for years before they can reunite with their families.
This is because the annual number of cards is capped, and these families have to wait an average of more than 3 years to get through their particular green card queue.
Compared to the US, Canada and Australia issue twice the number of permanent resident visas. Even New Zealand allocates a higher percentage of green cards based on economic factors. They offer a lower proportion of family-sponsored green cards compared with skill-based green cards. It is important to know that all these countries provide far more green cards on a per-capita basis compared with the United States.
As one of the wealthiest countries, the United States provides the most number of green cards per year on an absolute basis, but it is among the fewest per year on a population-adjusted basis. In case the United States wanted to follow the immigration system of these countries, it would only tip the scales towards skill-based immigration after more than doubling the number of available green cards each year. This could result in a big boost in skills-based green cards but would not make a significant change to the family-sponsored green cards.
The number of employment-sponsored green cards is capped at 140,000 per year, which is only 13% of the total. A large number of people migrating to the US obtain their green cards through family relationships. The highest number of immigrants is coming from China and India through family sponsors, as there is a constraint on employment-based immigration from large nations.
South Korea is the only major country whose employer-sponsored immigrants outnumber family-sponsored immigration. Here it is important to note that almost half of the employer-sponsored immigrants are spouses and children of the primary worker.
The family immigration process begins after a US citizen or permanent resident requests the government to sponsor a family member for a green card. This is done by filing a special form, called an I-130 with U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS).
In 2015 and 2016, it took USCIS about 6 months to complete this first step, but this time has increased to over 10 months now. During that time, the backlog has ballooned from 775,000 to over 1.5 million pending cases. At the same time, the volume of incoming cases has been more or less steady, which has almost doubled the processing times.
US citizens can only sponsor their spouse, parents, and any unmarried children under 21 years for a green card. These close or immediate family relationships make up almost 69% of the family-sponsored green card issues every year and are unconstrained by annual caps.
All family-sponsored green cards have to fit within a cap of 226,000 per year, including all the other categories. No other family relationships, such as cousins, aunts, uncles, or grandparents, can lead directly to a green card.
Reuniting families is not only humane but also recognizes that for many people, families are a source of emotional as well as economic support, which results in stability and stronger communities. A strong family support network increases the odds of immigrants and their US-born children reaching their highest potential.
National Immigration Forum reports that the percentage of new businesses started by immigrants soared from 13.3% in 1997 to 28.5% in 2014. New immigrants revitalize rural areas and cities such as Boston, Detroit, and Baltimore. They have also played a significant role in technological success in Silicon Valley and other parts of the country.
With the right knowledge about immigration laws and systems, you can make the most informed decisions about your future and look forward to permanent residence in the US.
Are you ready to immigrate – Call Kats Immigration Law today and schedule an appointment with Alina Kats to find out if you are eligible for a family-sponsored immigration. Alina Kats is an experienced immigration attorney and focuses on making the system work the best way for you. She understands how difficult it can be to navigate the immigration rules and laws and comes up with the best solutions to help you reunite with your family in the US.