GREEN CARDS
THROUGH RELATIVES
Prior to the Immigration Act of 1990,
approximately 440,000 individuals immigrated to the U.S. annually
based upon petitions filed on their behalf by close relatives who
were U.S. citizens or lawful permanent residents. Of this total,
216,000 persons immigrated through four family preference categories
(1st Preference - unmarried sons and daughters of U.S. citizens,
2nd preference - spouses and unmarried sons and daughters of lawful
permanent residents, 4th preference - married sons and daughters
of U.S. citizens, and 5th preference - brothers and sisters of U.S.
citizens). The rest immigrated as "immediate relatives" of U.S.
citizens (parents, spouses, widows and children of U.S. citizens
- children being unmarried and under 21 years of age, and, in the
case of a parent of a U.S. citizen, the petitioning son or daughter
being at least 21 years of age). The law places no numerical restrictions
on the immigration of immediate relatives. The 1990 law retained
and renumbered the four family preference categories. The number
of visas allocated to family-sponsored immigration, including immediate
relatives, rose from 440,000 to 465,000 in fiscal year 1992, and
increased to 480,000 on October 1, 1993. If there are any unused
visas from the employment-based categories, they may be used in
the family preference categories.
Immediate relatives remain exempt from
numerical limitations, and have first claim on family preference
visas. For the first time, however, the number of immediate relatives
who obtain visas are subtracted from the total number of family-sponsored
visas available.
The formula works as follows: Total
number of family-sponsored visas less the number of immediate relatives
who immigrated during the previous year equals the number of visas
available to the four family preference categories. Thus, if 220,000
immediate relatives immigrate to the U.S. during fiscal year 1992,
245,000 visas will be available under the four family preference
categories during fiscal year 1993. However, the act provides that
no matter how many immediate relatives immigrate to the U.S. in
a single year, a floor of at least 226,000 visas will remain available
to persons in the four family preference categories. This floor
represents a small increase over the 216,000 visa numbers allotted
to persons in these categories under prior law.
The definition of immediate relative
was expanded to include widows of U.S. citizens provided that the
alien was the spouse of the citizen for at least two years prior
to the citizen's death and was not legally separated from the citizen
at the time of his or her death. To remain eligible for immediate
relative status, the immigrant spouse is required to file a petition
for permanent residence within two years after the citizen's death
and before remarriage.
Most of the increase in the number
of family preference visas is allocated to individuals qualifying
under the 2nd preference category. The number rose from 70,000 under
prior law to at least 114,200 in fiscal year 1992. Of this number,
77% of the visas are specifically reserved for spouses and children
(unmarried and under 21 years of age) of lawful permanent residents.
Also, 75% of the visas granted to them are distributed without regard
to individual country quotas. Prior to October 1991, such quotas
resulted in a 10-year wait for 2nd preference visas for persons
born in Mexico and seven years for those born in the Philippines.
The act has alleviated these backlogs.
The family preference categories are
as follows:
1st Preference Unmarried sons and daughters of U.S.
citizens
23,400 per year
PLUS unused visas from the 4th
preference category, if any
2nd Preference Spouses and unmarried sons and daughters
of lawful permanent residents
114,200 per year
PLUS the amount by which visas allocated
to the family preference categories
exceeds 226,000
PLUS unused visas from the 1st
preference category, if any
77% of visas are reserved for spouses
and children (defined as unmarried sons
and daughters under 21 years of age) of
lawful permanent residents
3rd Preference Married sons and daughters of
(formerly 4th U.S. citizens
Preference)
23,400 per year
PLUS unused visas from the
1st and 2nd preference categories, if
any
4th Preference Brothers and sisters of U.S. citizens
(formerly 5th
Preference) 65,000 per year
PLUS unused visas from the 1st,
2nd and 3rd preference categories, if
any