Aurora filed immigrant petitions for her three married children in 1998. Her children were beneficiaries of prior petitions filed by Jose, Aurora’s husband. Unfortunately, Jose died in 1997 resulting in the automatic revocation of the petitions. Aurora and her ex-husband obtained their resident visas through employment-based petitions. 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.
The petition of Aurora for her children falls under the third-family preference category, married adult children of U.S. citizens. She is aware that she will have to wait for more than sixteen years for her children to arrive. The visa bulletin released by the Department of State reveals that for the month of March 2013, only petitions filed in 1992 are currently being processed for visas. It will take quite some time before visas for the petitions filed in 1998 are processed for visa issuance. Aurora is positively looking forward for the visa priority date of 1998 to be current. Since she is now 81 years old, by the time the petition becomes current, she would be 87 years old. Nonetheless, she remains hopeful.
Aurora was made aware of the Senate’s proposed version of the comprehensive immigration reform that may include a provision to reduce visas under the family based categories. She wants to know what the impact will be on her petitions and generally, on the immigrant community if the plan pushes through to reduce visas and eliminate certain family based visa categories
Senate’s Likely Version of Immigration Reform
The bi-partisan group of eight U.S. senators is considering decreasing the number of family visas and eliminating the 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 U.S. citizens on behalf of their adult-married children and siblings. There will be a reduction of at least 90,000 family visas that will limit the ability of US citizens to petition their relatives.
In line with the Senators’ framework for comprehensive immigration reform of “attracting the best and the brightest”, they are more inclined to allocate visas for the employment based category. The idea is to shift the number of visas allocated for family in favor of employment based visas without adding visas to the total worldwide numerical quota. The Immigration and Nationality Act specifically provides an annual numerical cap of 226,000 in the family based category and approximately 154,000 in the employment based preferences.
The approach being considered is based on the assumption that the total number of visas available should only be fixed to what is provided for by existing law. If ever there is a change as proposed, visas are simply going to be re-allocated.
No Shifting of Visa Numbers
The real solution to resolve the lengthy backlog in both the family and employment categories is for visa numbers to be increased across the board. Hopefully, there will be no mere shifting of the visa numbers 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 do not only advance a fundamental value but also they thrive better resulting in significant social and economic benefits. Family members bring skills and resources. They migrate and build businesses and are successful entrepreneurs as well.
When family members are petitioned and immigrate to join their relatives, they could provide much needed care to the elders and to minor children. The latter is true especially to Filipino families with strong family networks who care for their elderly parents and support their minor children.
If the manner of attracting the best and brightest is by making it difficult for relatives to immigrate, the opposite effect may result. The highly skilled and talented individuals may be discouraged from applying for visas to come to the United States if their family members will find it difficult to migrate. It will be disheartening for U.S. citizen petitioners, like Aurora, if the plan pushes through to eliminate the family preference categories of siblings and married children of U.S. citizens.
Family and Employment
Ideally, the immigration system must 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 the category of family petitions over employment petition is a futile approach. When the talented and highly skilled individuals are allowed to petition their families, the employment-based system is also strengthened. The immigration system for allocating visas for both family and employment petitions must be working together. Only then can we say that there will be a sincere, fair and humane immigration reform.
(Tancinco may be reached at law@tancinco.com or at 02 887 7177 or 02 721 1963 or visit her website at tancinco.weareph.com/old)
