The policy behind many provisions of US immigration law is to uphold the value of families and to promote family unity. We all know that strong family ties create vibrant society. It is ironic that if family unity is an important American value and considered the cornerstone of society, the US immigration rules still do not address the severe backlog in the system. These backlogs create a lengthy processing time causing family members to wait many years before they are finally granted visas.
The Severe Backlog
For family based petitions, the US law allows only issuance of 480,000 family sponsored immigration visas annually. This is the world wide quota for all future immigrants.
The quota of 480,000 is reduced by the number of immediate relative visas and humanitarian parole granted. This means that State Department deducts the number of visas that are available to future immigrants by the number of visas granted to spouses, minor children and parents of US citizens resulting in the minimum number of visas available for legal immigration. As a result of the reduced the number of visas, a lengthy wait for family members is created.
For Filipino nationals, petitions by US citizens on behalf of their adult children may take anywhere from 16 to 18 years from the date of the filing. This April 2009, State Department Nation Visa Center is processing the visa petitions for adult –married children that were filed on June 15, 1991. On the other hand, petitions on behalf of siblings of US citizens are taking more than 23 years before visas are finally issued.
Considering the lengthy process, it is not surprising that crisis is created within the family as a result of long separation. Usually these petitions were filed for family members who are at the prime of their lives but are not granted the visas until they reach retirement age.
Separation Anxiety
In view of global migration, separation of families became a common occurrence. Either parent usually makes the decision to migrate abroad for economic reasons. In the US, the reunification of the families is still the motivating factor for patiently waiting many years. Unfortunately, more and more families are affected by this severe backlog created by the system making it a necessity to amend the current immigration law which admittedly is broken needing a fix.
Proposed Comprehensive Immigration Reform
When one hears of the comprehensive immigration reform what comes to mind is the “legalization” or granting of amnesty to the millions of undocumented immigrants in the United States. However, it is important to point out that some of the provisions in the CIR also attempts to alleviate the severe backlog on family petitions.
The proposals for change includes the following: (1) eliminating arbitrary limits on family based immigration; (2) the number of visas for immediate relatives of US citizens should not counted against the total number of visas available; (3)increase the number of visas available with high backlogs and that includes the Philippines and (4) treat the spouses and minor children of lawful permanent residents as immediate relatives so that no petition is actually required upon receipt of green card.
For Filipino nationals, what is interesting also is the family reunification provision for descendants of Filipino World War II veterans. This provision in the Comprehensive Immigration Reform will give immediate visas to children of Filipino World War II veterans without being subjected to the limits of immigrant visas available.
Fixing the System Will Stimulate the Economy
The reality of the lengthy waiting times is lengthy separation. This results most of the time in creating an incentive for family members to enter the US or remain in the US unlawfully. There must be a way to alleviate the backlog through the proposals in order that the immigration system comports with realities and encourages respect of the law and not otherwise.
On the other hand, fixing the broken immigration system will help in stimulating the US economy.. Families who live together usually pool their resources together to build their businesses. As soon as they start their business and when they are successful, they purchase home and become consumers contributing to the economy.
Bearing the Agony of Waiting
Depending on the reasons for separation whether it is to better the future of the next generation or simply for economic reasons, the rationale for waiting for many years may be worth the wait after all. There is no skipping the process at this moment. We remain hopeful that effective advocacy for the immigration reform will soon CHANGE the system and all those who waited will eventually be rewarded.
(Tancinco may be reached at law@tancinco.com or at 8877177)
