Potential setback for immigrant 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.

Aurora and her ex-husband obtained resident visas through employment-based petitions. Instead of returning to the Philippines to be with her children after her husband’s death, she decided to stay in the United States to wait for their visas.

Aurora’s petitions for her children fall under the third-family preference category, married adult children of US citizens.

She knows she will have to wait for more than 16 years for her children to arrive. The Department of State’s visa bulletin shows that, as of March, only petitions filed in 1992 are being processed.

Aurora is now 81 years old. The petitions may become current when she is 87 years old.

Aurora learned of the US Senate’s proposed version of the comprehensive immigration reform that could include a provision to reduce visas under the family-based categories.

She wants to know how it will affect her petitions and the immigrant community in general if certain family-based visa categories are eliminated.

The bipartisan group of eight US senators is considering eliminating two family-based categories. It is likely that the third and fourth family preference categories will be dropped. These are petitions by US citizens on behalf of adult, married children and siblings.

This can result in a reduction of at least 90,000 family visas.

In line with the senators’ framework for comprehensive immigration reform of “attracting the best and the brightest,” American legislators are more inclined to allocate visas for the employment-based category.

Visas from eliminated family-based categories will be  added to the employment-based category so there will be no increase in the total number of visas to be issued.

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

The real solution to the lengthy processing backlog is for visa numbers to be increased across the board.

The family is undeniably the source of immigrant strength and vitality. When there is a strong family unit and support, immigrants do not only advance a fundamental value but also perform well, resulting in significant social and economic benefits.

Family members bring skills and resources. They build businesses and can be successful entrepreneurs.

Family members can provide much needed care to the elderly and to minor children.

By making it difficult for relatives to immigrate, the goal of attracting the best and brightest may not be achieved. Highly skilled and talented individuals may be discouraged from going to the US if their family members will find it difficult to migrate.

It will be disheartening for US citizen petitioners, like Aurora, if family preference categories of siblings and married children are eliminated.

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

When talented and highly skilled individuals are allowed to petition their families, the employment-based system is also strengthened.

The immigration system should allow for both family and employment petitions.  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. Visit www.tancinco.com.)