Immigration Reform: Changes to Family-Based Immigration

Let us give credit to ILW.com for calling our attention via Twitter (@ilwcom) to this article on thehill.com. The article draws attention to serious concerns about the proposed bill with respect to its impact on uniting families.

Again: there is no bill, and the "Gang of 8" proposal will be modified before (if) it becomes law.

But, here's what's in the proposal regarding Family-Based Immigration. As stated in our first post on the proposed bill, there are positive and negative changes.

Positive:

• elimination of the current F2-A category: immediate relatives of Legal Permanent Residents. Persons in this category will be treated as immediate relatives of US Citizens are today--visas are immediately available.

Negative:

• elimination of the F4 category--siblings of US Citizens
• limits married sons and daughters of US Citizens to persons under age 31

Net:

• There will be two categories of Family-Based Immigration the current F1 (unmarried children of US citizens and their minor children) and a new F2 (the former F2-B,unmarried children of Legal Permanent Residents, and the modifed former F3, married children of US Citizens under age 31)

Those left out by these changes, and others, will be able to "compete" in the new "Merit-Based" system.  The merit system is divided into two tiers, with half of available visas coming from each.

• Tier 1 allocates points for education (advanced degrees are meritorious), employment, entrepreneurship, high-demand occupations, civic involvement, English ability, being a sibling or married child of a US Citizen, and being from a country with fewer current Legal Permanent Residents.
• Tier 2 allocates points for employment experience, special employment criteria, being a caregiver, having an exceptional employment record,  civic involvement, English ability, being a sibling or married child of a US Citizen, age (younger is more meritorious), and being from a country with fewer current Legal Permanent Residents.
• It is not clear why there is overlap between the tiers and between the merit and family-based systems

The issue here is that the bill puts the needs of employers above the needs of families. How this plays out in the legislative process will show what we value.

As an aside, note the terminology regarding visas.  This is not a change, but there is some confusion between visas and green cards. Green Cards are not visas--they are documents certifying that the holder is a Permanent Resident, and are issued by USCIS.  Visas allow an individual to enter and be lawfully present n the US, and are issued by the State Department.  In order to become a Legal Permanent Resident, one first enters the US with an immigrant visa, then applies for Permanent Residence. However, there are several situations in which a person who is already in the US can "adjust status" to Permanent Residence.  In other cases, it is necessary to leave the US, apply for a visa overseas, and then return. The point is that the visa comes first (usually--in any case it is separate), then Permanent Residence (and, going forward, Registered Provisional Immigrant status).