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IMMIGRATION PROCESSING DELAYS
Family reunification is one of the guiding principles of U.S. immigration law. Our
immigration system has traditionally provided a controlled, predictable way for allowing
U.S. citizens and lawful permanent residents to petition for close family members to join
them in the United States. Through this process, the "beneficiaries" of the petitions
become lawful permanent residents, allowing them to live and work indefinitely in the
United States.
Backlogs Resulting from Numerical Quotas
Legal immigration to the United States is limited by annual quotas on the number of
visas by category of family "preference" (qualifying relationship) and by country of
nationality. The only group of family-based immigrants exempt from the numerical
limitations are "immediate relatives," a category that consists of the spouses and minor,
unmarried children of U.S. citizens, and the parents of U.S. citizens who are at least
21-years-old.
Apart from immediate relatives, the system of family reunification encompasses four
"preference" categories that are subject to numerical quotas: (1) unmarried, adult
children of U.S. citizens; (2) spouses and unmarried children (regardless of age) of
lawful permanent residents; (3) married adult children of U.S. citizens; and (4) brothers
and sisters of U.S. citizens.
The visa process starts when a U.S. citizen or lawful permanent resident files a
petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a
qualifying family member. The USCIS typically takes several months to process a visa
petition. An approved petition certifies that the applicant has a bona fide and qualifying
relationship to the petitioning U.S. citizen or lawful permanent resident. Backlogs exist
in most preference categories because the number of persons approved each year
for a visa exceeds the total number of visas available. As of January 1997, an
estimated 3,535,430 persons, who had been approved for family-based visas,
languished in backlogs, including 1,052,270 spouses and minor children of permanent
residents. Although more recent figures have not been compiled, the 1997 numbers
have certainly increased in the interim.
As a result of the backlogs, applicants must wait an additional period after obtaining
USCIS' approval on the visa petition before applying for permanent residence. An
applicant's position in the waiting list is linked to the date that the petitioner filed the visa
petition. When an immigrant visa is available for the applicant, he or she may apply for
permanent residence. Some eligible immigrants spend years waiting to be permitted to
make such an application. For example, the current waiting period for an immigrant visa
for spouses and minor children of permanent residents from most countries in the
world is 5 years. Siblings of U.S. citizens must wait almost 12 years.
The backlogs run even longer for persons from countries with large numbers of
immigrants, such as Mexico. A Mexican spouse or minor child of a lawful permanent
resident must wait almost 7.5 years to obtain an immigrant visa. The wait is 11.5 years
for a Mexican adult son or daughter of a permanent resident. Similar waits apply to
relatives from the Philippines and India.
These backlogs force many families to remain separated for extended periods,
because the visa "beneficiary" must remain in the home country. In other cases, the
beneficiary lives in the United States, but the backlogs force him or her to overstay his
or her temporary visa and lose legal status. Undocumented persons eligible for
family-based visas remain in a legal limbo, unable to work legally or travel abroad.
USCIS Processing Delays
Permanent residents who want to expedite the family reunification process can
become U.S. citizens and sponsor their family members as immediate relatives. As
stated above, there is no backlog (or numerical limitation) for these visas. However,
naturalization backlogs now average one year nationally. Because permanent
residents cannot become U.S. citizens in a timely manner, their eligible family members
cannot become permanent residents in a timely manner. Processing delays frequently
result in the prolonged separation of families, and often lead to financial and emotional
hardship.
USCIS acknowledges that processing times have increased in recent years due to
changes in the law and the growing number of applications filed. Some of the worst
processing delays occur in the adjudication of applications for permanent residence,
which now average 31 months nationally.
Solutions
In their pastoral letter, Strangers No Longer, the U.S. and Mexican Bishops stated,
"[The current system] has resulted in unacceptable waiting times for the legal
reunification of a husband and wife, or of a parent and child. Spouses and parents
thus face a difficult decision: either honor their moral commitment to family and migrate
to the United States without proper documentation, or wait in the system and face
indefinite separation from loved ones. This is an unacceptable choice, and a policy that
encourages undocumented migration. In order to ensure that families remain together,
reform of the U.S. family-based legal immigration categories... is necessary." 1 Unless
the current numerical caps on the number of annual immigrant visas allotted under the
law are raised, backlogs in the family preference categories will continue to grow. In
addition, current USCIS application processing times fall far short of President Bush's
stated goal of achieving a universal six-month processing standard for all immigration
applications and petitions. The six-month processing goal can only be achieved if
Congress allocates appropriate resources and funding to USCIS.
footnote
1. Strangers No Longer, U.S. Conference of Catholic Bishops, Conferencia del
Episcopado Mexicano, January 22, 2003, pp. 33-34.
Family reunification is one of the guiding principles of U.S. immigration law. Our
immigration system has traditionally provided a controlled, predictable way for allowing
U.S. citizens and lawful permanent residents to petition for close family members to join
them in the United States. Through this process, the "beneficiaries" of the petitions
become lawful permanent residents, allowing them to live and work indefinitely in the
United States.
Backlogs Resulting from Numerical Quotas
Legal immigration to the United States is limited by annual quotas on the number of
visas by category of family "preference" (qualifying relationship) and by country of
nationality. The only group of family-based immigrants exempt from the numerical
limitations are "immediate relatives," a category that consists of the spouses and minor,
unmarried children of U.S. citizens, and the parents of U.S. citizens who are at least
21-years-old.
Apart from immediate relatives, the system of family reunification encompasses four
"preference" categories that are subject to numerical quotas: (1) unmarried, adult
children of U.S. citizens; (2) spouses and unmarried children (regardless of age) of
lawful permanent residents; (3) married adult children of U.S. citizens; and (4) brothers
and sisters of U.S. citizens.
The visa process starts when a U.S. citizen or lawful permanent resident files a
petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a
qualifying family member. The USCIS typically takes several months to process a visa
petition. An approved petition certifies that the applicant has a bona fide and qualifying
relationship to the petitioning U.S. citizen or lawful permanent resident. Backlogs exist
in most preference categories because the number of persons approved each year
for a visa exceeds the total number of visas available. As of January 1997, an
estimated 3,535,430 persons, who had been approved for family-based visas,
languished in backlogs, including 1,052,270 spouses and minor children of permanent
residents. Although more recent figures have not been compiled, the 1997 numbers
have certainly increased in the interim.
As a result of the backlogs, applicants must wait an additional period after obtaining
USCIS' approval on the visa petition before applying for permanent residence. An
applicant's position in the waiting list is linked to the date that the petitioner filed the visa
petition. When an immigrant visa is available for the applicant, he or she may apply for
permanent residence. Some eligible immigrants spend years waiting to be permitted to
make such an application. For example, the current waiting period for an immigrant visa
for spouses and minor children of permanent residents from most countries in the
world is 5 years. Siblings of U.S. citizens must wait almost 12 years.
The backlogs run even longer for persons from countries with large numbers of
immigrants, such as Mexico. A Mexican spouse or minor child of a lawful permanent
resident must wait almost 7.5 years to obtain an immigrant visa. The wait is 11.5 years
for a Mexican adult son or daughter of a permanent resident. Similar waits apply to
relatives from the Philippines and India.
These backlogs force many families to remain separated for extended periods,
because the visa "beneficiary" must remain in the home country. In other cases, the
beneficiary lives in the United States, but the backlogs force him or her to overstay his
or her temporary visa and lose legal status. Undocumented persons eligible for
family-based visas remain in a legal limbo, unable to work legally or travel abroad.
USCIS Processing Delays
Permanent residents who want to expedite the family reunification process can
become U.S. citizens and sponsor their family members as immediate relatives. As
stated above, there is no backlog (or numerical limitation) for these visas. However,
naturalization backlogs now average one year nationally. Because permanent
residents cannot become U.S. citizens in a timely manner, their eligible family members
cannot become permanent residents in a timely manner. Processing delays frequently
result in the prolonged separation of families, and often lead to financial and emotional
hardship.
USCIS acknowledges that processing times have increased in recent years due to
changes in the law and the growing number of applications filed. Some of the worst
processing delays occur in the adjudication of applications for permanent residence,
which now average 31 months nationally.
Solutions
In their pastoral letter, Strangers No Longer, the U.S. and Mexican Bishops stated,
"[The current system] has resulted in unacceptable waiting times for the legal
reunification of a husband and wife, or of a parent and child. Spouses and parents
thus face a difficult decision: either honor their moral commitment to family and migrate
to the United States without proper documentation, or wait in the system and face
indefinite separation from loved ones. This is an unacceptable choice, and a policy that
encourages undocumented migration. In order to ensure that families remain together,
reform of the U.S. family-based legal immigration categories... is necessary." 1 Unless
the current numerical caps on the number of annual immigrant visas allotted under the
law are raised, backlogs in the family preference categories will continue to grow. In
addition, current USCIS application processing times fall far short of President Bush's
stated goal of achieving a universal six-month processing standard for all immigration
applications and petitions. The six-month processing goal can only be achieved if
Congress allocates appropriate resources and funding to USCIS.
footnote
1. Strangers No Longer, U.S. Conference of Catholic Bishops, Conferencia del
Episcopado Mexicano, January 22, 2003, pp. 33-34.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
