Although US citizens can sponsor their spouses and small children for green cards and it usually takes no longer than the government’s processing time, permanent residents (green card holders) have a different story. Permanent residents are not assured of immediate reunion with family members in the US as are U.S. citizens.
Many are not used to this being so obvious. Since there is a yearly cap on green cards for family-based immigration, the spouses and children of green card holders have to wait years to bring their loved ones to the United States (on average, families in this situation have had to wait three years or longer to get into the green card line under F2A category (spouses and children of permanent residents).
The Reuniting Families Act
In July 2019, Rep. Judy Chu introduced the Reuniting Families Act which is to eliminate these long lines for family members of permanent residents. HB 1159, if passed, would fundamentally overhaul the existing system by removing the annual green card cap for spouses and minor children of green card holders to accelerate family reunification.
Main Provisions of the Reuniting Families Act
1. No Green Card Caps for Spouses and Children (and Children).
Probably the most significant element of the bill would lift the annual green card limit for green card holders’ spouses and minor children. That would enable about 40,000 immigrants per year to move back with their families into the United States without years of waiting.
2. Recapturing Unused Green Cards
It aims to “retain” green cards never granted due to bureaucratic failures between 1992 and 2015. There were more than 240,000 in the family green card queue and more than half a million in the employment green card queue who could instantly have their green cards through these vacant numbers, which will significantly shorten the wait time for many applicants.
3. Raising Country-Specific Caps
Current rules restrict the number of green cards issued to any particular immigrant from any one country, and so long are the lines that have formed for individuals from China, India, Mexico, and the Philippines. These country-level caps are proposed to be increased from 7% to 20%, decreasing delays for immigrants from these countries.
4. Preserving Wait Times at 10 Years Limiting Wait Times To 10 Years.
No person who wants a green card would need to stand in line longer than 10 years under the bill. That would stop things like the one we are living in, where the lines are always longer and longer and it just seems too bad.
5. The Removing Green Card Caps on Derivative Candidates.
And now, when a primary green card applicant (e.g., worker, student) is approved, their spouse and small children (called derivative applicants) are also eligible for the same green card cap. This leads to frustration for families especially wives and children waiting for their turn. This would make the Reuniting Families Act, which would free these derivative petitioners from green card caps, possible and would bring more families home year after year, immediately.
If it lifts the caps on family-based green cards, this would allow millions more immigrants per year to come with their families to the US. This could even have more of an impact on the U.S. economy because more family reunifications would stimulate economic growth through rising levels of employment and consumption.
Current Wait Times for Family Reunification
Green Card Holder Sponsorship:
Green card holders can sponsor their spouses and unmarried children under 21 for green cards. However, they face lengthy wait times due to annual caps on the number of visas issued in these categories.
The average wait time for families sponsored under the F2A category (spouses and children of green card holders) is currently around 35 months.
Processing Times:
The median processing time for family-based immigration applications has increased significantly in recent years, from about 4.7 months in 2013 to approximately 11.8 months by 2023.
For immediate relatives of U.S. citizens (spouses, children), there is generally no wait for a visa, but green card holders do not enjoy this privilege, leading to longer waits.
Country-Specific Delays:
Families from certain countries, such as India and Mexico, often experience even longer wait times due to backlogs specific to those regions. For instance, adult children of green card holders (F2B category) are currently facing processing delays dating back to January 2017.
Legislative Efforts and Challenges
Lawmakers have proposed legislative solutions, such as the Reuniting Families Act, which seeks to eliminate caps on green cards for spouses and minor children of permanent residents. However, the bill has encountered significant hurdles and remains unpassed.
Emotional Impact on Families
The prolonged separation can have profound emotional effects on families. Many experience anxiety and uncertainty while waiting for their loved ones to join them in the U.S., often resulting in years of separation that can strain relationships.
How does the Reuniting Families Act aim to address the current green card backlog?
The Reuniting Families Act of 2024 aims to address the significant green card backlog affecting immigrant families in the U.S. by implementing several key reforms to the family immigration system.
Key Provisions of the Reuniting Families Act
Recapturing Unused Visas:
The Act proposes to recapture and roll over unused family-sponsored and employment-based immigrant visas that went unallocated from 1992 to 2023 into future fiscal years. This measure is designed to increase the number of available visas significantly.
Exemptions from Visa Caps:
It seeks to exempt immediate relatives of lawful permanent residents (LPRs)—including spouses, unmarried children under 21, and certain parents—from counting against annual visa caps. This change aims to facilitate quicker reunification for these families.
Increasing Per-Country Visa Limits:
The legislation intends to raise the per-country cap for family-based immigration from 7% to 15%. This adjustment would particularly benefit applicants from countries with large backlogs, such as India, China, Mexico, and the Philippines.
Addressing Age-Out Issues:
The Act includes provisions to protect children at risk of “aging out” (turning 21) and losing their eligibility for family-based visas. It aims to ensure that these children can remain eligible for immigration benefits despite their age.
Immediate Access for Long-Waiting Applicants:
The bill proposes that beneficiaries who have been waiting for more than ten years would qualify immediately for visas without being subject to numerical limitations, thus expediting their reunification process
Under the current green card framework, green card holders struggle and wait to reunite with their spouses and children in the US. This is what the Reuniting Families Act would attempt to fix by eliminating green card caps, imposing country limits, and making wait times shorter for families. This bill isn’t perfect, but it’s a good bill for fixing the immigration system and family unity. If these changes are implemented, it will be an efficient and more equitable system that is more receptive to families and will increase the American economy.
How Law and Visas Can Help?
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