A potential setback for immigrants’ families

Aurora filed immigrant petitions for her three married children in 1998. Her children were beneficiaries of prior petitions filed by Jose, Aurora’s husband.

When Jose died in 1997, the petitions were automatically revoked.

Instead of returning to the Philippines to be with her children after her husband’s death, Aurora decided to stay in the United States to wait for the visas of her children.

Aurora’s petition for her children falls under the third-family preference category, married adult children of US citizens. She is aware that she will have to wait for more than 16 years for her children.

The visa bulletin of the State Department reveals that in March, only petitions filed in 1992 are being processed. It will take quite some time before petitions filed in 1998 are processed for visa issuance.

Aurora is now 81 years old. By the time the petition becomes current, she will be 87.

Aurora has learned about the proposed Senate version of the comprehensive immigration reform that may include a provision to reduce visas under the family-based categories. She wants to know what impact it will have on her petitions and on the immigrant community as a whole if certain family-based visa categories are eliminated

Senate’s likely version

The bi-partisan group of eight US senators is considering decreasing the number of family visas and eliminating two family-based categories. Although there is no final proposal yet, it is likely that the third and fourth family preference categories will be eliminated.

These are petitions by US citizens on behalf of adult, married children and siblings. It will reduce by some 90,000 family visas and will limit the ability of US citizens to petition relatives.

In line with the senators’ framework for comprehensive immigration reform of “attracting the best and the brightest,” they are more inclined to increase the allocation of visas for the employment-based category by reducing the number available for family, thus maintaining the total worldwide visa quota.

The Immigration and Nationality Act specifically provides an annual cap of 226,000 in the family-based category and about 154,000 in the employment-based preferences.

The senators’ proposal is based on the assumption that the total number of visas available should not exceed what is provided for by existing law. So, instead of issuing more, visas are simply going to be reallocated.

No shift in numbers

The real solution to backlog in both family and employment categories is for visa numbers to be increased across the board, instead of reallocating from one category to the other.

The family is undeniably the source of immigrant strength and vitality. When there is a strong family unit and support, immigrants thrive better resulting in significant social and economic benefits. Family members also bring skills and resources. They build businesses and become successful entrepreneurs.

When family members are petitioned and join their relatives, they can provide much needed care to the elders and to minor children. The latter is true especially in Filipino families with strong networks that care for elderly parents and support minor children.

If the goal is to attract the best and brightest, making it difficult for relatives to immigrate may produce the opposite effect. Highly skilled and talented individuals may be reluctant to apply for visas to go to the US if other family members will not be able to join them.

It will be disheartening for US citizen petitioners like Aurora if the proposal to eliminate the family preference categories of siblings and married children is adopted.

Family and employment

Ideally, the immigration system should be amended to increase the total numerical worldwide cap and increase the per country limit to resolve the backlog and to foster family unity.

Favoring employment over family petitions will not achieve the set goal. When talented and highly skilled individuals are allowed to petition their families, the employment-based system is actually also strengthened.

The immigration system for allocating visas should harmonize family and employment objectives.

Only then can we say that there will be a sincere, fair and humane immigration reform.

Tancinco may be reached at [email protected] or at 8877177 or 7211963 or visit her web site at www.tancinco.com