Many permanent residents are quite familiar with the waiting Period to get immigrant visas for Spouses, At least once a week I get a telephone call from a resident who is frustrated over the long wait. Currently, spouses who Married a permanent resident abroad and had an 1-130 filed for them have waited over two years before being invited to apply for a visa at the U.S. Embassy or Consulate abroad. Second family Preference at this time has a cutoff date of April 22,1990, for Spouses and unmarried children under 21, according to information available for July 1992, from the State Departments Visa Office.
Because immigration law generally favors family unity, Congress is considering a bill (H.R.4275) which would allow spouses and children under 21 of permanent residents to come to the United States while waiting for an immigrant visa. A new nonimmigrant visa, the “S” visa, would be created for this purpose. In May 1992, the House Subcommittee on International Law, Immigration and Refugees held a hearing on this proposal. Officials from the INS and the State Department appeared at the hearing, The officials opposed the bill as unworkable and contrary to current law and procedure. Support for the bill and views of some of the persons affected by it were presented by the group, Professionals for Spouse Reunification.
Persons interested in this bill should contact their Representative in Congress in writing to express their views. The latest information indicates that no further action on the bill is planned in Congress at this time while it is being considered by the Subcommittee,
One way that residents can speed up the arrival of their spouses and minor children is to become a U.S. citizen. This is because a citizen can petition for close family members as “immediate relatives.” An immediate relative is defined in the law as the spouse, parent, or unmarried child under 21 of a citizen, This category is perhaps one of the most advantageous in immigration law because immigrant visas for immediate relatives are not subject to the numerical limitations that cause the waiting list. Readers will note that on the monthly chart of visa availability and in the State Departments telephone recording, there is no category for immediate relatives for this reason,
An immediate relative cannot walk into the Embassy tomorrow, however, and demand a visa, An application with the INS must first be approved and the relative then must be scheduled for a visa interview at the Embassy or Consulate abroad. This may take many months, And before any of this can be done, the sponsoring resident must qualify for citizenship. In addition to other requirements, the resident generally must have 5 years of continuous residence in the U.S. To this is added the wait of up to one year to get a citizenship interview at a local INS office. Obviously, not all permanent residents can benefit from the immediate relative provisions of the law.
It is interesting to note that in opposing the proposed $ visa, the INS cited the immediate relative rules just outlined, In the INS view, to have the § visa would remove the “incentive” to become a U.S. citizen. This argument fails because the waiting period for citizenship is 4 years and the current waiting period for family second preference is about 2.5 years, To say that people should wait for up to six years (5 years plus I year to get a citizenship interview in Baltimore) is not being fair to residents who already face a long enough wait to be reunited with their family. The average permanent resident will have his or her spouse here with an immigrant visa long before citizenship eligibility. In addition, residents generally do not need this “incentive” to become a citizen because, in my experience, many would do so whether sponsoring a spouse or not. This article is offered as a general guide to the law.
Because each case is different, no solution to individual problems is intended.
Readers should consult a competent lawyer to see how these laws apply to his or her case.
Article extracted from this publication >> September 11, 1992
