The Future of Family-Based Immigration Policies and Reforms | ALG Lawyers

Published: June 28, 2023

As of September 2022, there are at least 47.9 million immigrants living in US. The statistics shows a booming 2.9 million increase since 2021. The number of incoming immigrants had a drastic increase since the lifting of travel restrictions due to the pandemic. More people are intending to come and reside in the United States more than ever.

Out of the many visa categories for immigrants, the family-based visa is most popular. Out of the 740,000 immigrants who received green cards in 2021, 52% were immediate relatives of U.S. citizens.

The policies on family-based visas have drastically changed over the years. If you are intending to immigrate using this route, it is ideal to stay updated with the latest changes to improve your chances of approval. For your legal concerns, consult with ALG Lawyers.

Current State of Family-Based Immigration

The origin of US family-based immigration started more than 58 years ago in 1965. During the drafting of the Immigration and Nationality Act of 1965, House of Representatives member Michael Feighan suggested to prioritize the acceptance of foreigners who already had family members who were permanent residents. As a result, chain migration happened. More people from the same place decided to migrate to America.

Chain migration was one of the major reasons US became so ethnically diverse. Although at first most immigrants were from Europe, the immigration pool later on expanded. Now, family-based immigration policies are less restrictive when it comes to ethnicity or state of origin.

Types of family visas

US family visas can either be immigrant or non-immigrant. Immigrant family visas allow visa holders to live permanently within the country. Some family visa categories may enable immigrants to file for an Adjustment of Status and become US citizens. In comparison, non-immigrant visas are ideal for temporary stay for vacation or business purposes.

Eligible relatives 

Family-based immigration visas has five types of preferences. Here is a quick summary:

• First preference or F1: unmarried sons and daughters of US citizens who are at least 21 years old
• Second preference or F2A: spouses and unmarried and minor children of lawful permanent residents
• Second preference or F2B: unmarried sons and daughters of lawful permanent residents who are at least 21 years old
• Third preference or F3: married sons and daughters of US citizens
• Fourth preference or F4: siblings of US citizens, if the US citizen is at least 21 years old

Ways to apply 

There are two main ways of processing a family-based green card: filing an adjustment of status and consular processing.

Applicants may file an adjustment of status when they are already within the United States. It is a process that converts an immigrant into a lawful permanent resident. On the other hand, consular processing is reserved to applicants still overseas. Applicants typically undergo the necessary processes in their state of origin.

Becoming US Citizens 

Family-based immigration can also be a path to US citizenship. After acquiring a lawful permanent resident status, applicants may apply for naturalization. The following are eligible for US citizenship:

• Lawful permanent resident for 5 Years
• Legal spouse of a US Citizen
• Immigrants who rendered service to the US military
• Child of a US citizen

Recent Developments in Family-Based Immigration

Immigration policies change a lot, especially when a new administration sits. But other than political motives, immigration policies change to respond to modern-day problems. Immigration became an engine of economic development for United States as immigrants supplement the labor force and facilitate modernization. Besides manpower, some immigrants also function as foreign investors also impact the quality and competency of local businesses.

Family-based immigration does not only reunite families in America. It creates limitless potential to how people may live. Consequently, their better quality of lives may have a macro effect on the country.

Same-sex couple families 

Since 2013, same-sex marriage couples may apply for marriage and fiancé visas in the US. In effect, they may also enjoy the benefit of heterosexual couples when it comes to family immigration. With this development, America redefines the concept of family. This policy emphasizes how America welcomes immigrants of all genders to enter and live within the country.

Electronic Immigration System (ELIS) 

The Electronic Immigration System (ELIS) is one of USCIS’ efforts to modernize the processing of family visas and other categories. Its operations started in 2012. Through it, applicants may pay immigration fees and submit requirements online. It is a revolutionary development as people no longer have to go out and wait in long lines.

Temporary protection status

The US Congress legislated the temporary protected status (TPS) program in 1990. TPS is a temporary benefit that enables migrants from unsafe, often war-stricken countries, to legally reside and work in America. This status does not lead grant beneficiaries a law permanent resident status or any other immigration status. However, TPS applicants could be eligible to apply for a nonimmigrant status.

In recent years, USCIS issued multiple TPS to various nationalities. With this issuance, the beneficiaries:

• will not be removable from the United States,
• may obtain an employment authorization document (EAD)
• may be granted travel authorization
• may not be detained by DHS on the basis of their immigration status

All-in-all, TPS issuances help families from war-torn countries reunited in America.

Upcoming Reforms Pertaining to Family-Based Immigration

The US Congress is threshing more changes in the country’s immigration policies to benefit both citizens and noncitizens. If approved, the following bills will be most impactful to families seeking to reside legally in America:

The U.S. Citizenship Act of 2023

The U.S. Citizenship Act of 2023 is a bill proposed by Congresswoman Linda T. Sánchez of California’s 38th district. Originally, this legislation was sent to Congress by President Joe Biden in 2021. It intends to restructure the immigration system in a way that grants more citizenship opportunities to immigrants. In addition, the bill proposes measures to modernize the current immigration system while keeping families together.

This law stands on three key pillars:

• Responsible and effective border management
• Economic growth and strengthened labor force
• Family reunification

Regarding board management, this law intends to provide more financial and legal assistance to El Salvador, Guatemala, and Honduras.

Eliminating Backlogs Act of 2023

Another law that can potentially grant an increased number of visas to immigrants is the Eliminating Backlogs Act of 2023. This bill was introduced by House of Representatives members Larry Bucshon of Indiana and Raja Krishnamoorthi of Illinois. In summary, this bill has the following goals:

• Recapture unused employment-based green cards that have accumulated in the last three decades, dating back from 1992
• Exempt recaptured green cards from the 7% per-country limitation

If approved, this law can also create bridges for families who may otherwise not qualify for family-based visas.

Better Chances at Immigration with Highly Skilled Lawyers

Besides filing on time and completing all your requirements, it is crucial to stay updated with the changes in immigration policies. The slightest changes can already make a notable impact on your application. It takes high-level understanding of immigration law and topnotch research skills to gather recent and relevant information. ALG Lawyers can do that for you and more.

You can always count on our Los Angeles immigration law firm regardless of how much immigration policies would change. Our immigration attorneys with more than twenty years of professional practice will assist you through every process. We are here to assist you make the best decisions for your future in US.

Source/s: Family of U.S. Citizens