One of the more beneficial aspects of the recent amendment to the immigration laws is the provision of immigrant visas for spouses and children of persons who became permanent residents through one of the legalization programs. These visas known as LB” or “legalization beneficiary visas” provide a way for certain. Permanent residents to have their immediate family come to the United States in advance of the normal processing under the Family 2A visa category. Since the Family 2A category has significant backlog and waiting time for visas the LB category is a welcome alterative for qualified residents.
The LB visa program is “transitional” that is the program ends in September 1994 As a three year temporary program there are 55000 immigrant visas to be issued in each of the next three fiscal years. The exact number of LB visas available each year however will depend on the number of immediate relative visas issued the previous year. This is because if immediate relative visas exceed 239000 in a year additional immediate relative visas will be taken from the next years LB visas.
To qualify for an LB visa the spouse or parent of the visa applicant must have been “legalized”. The spouse or parent must now be permanent resident and must have acquired that stamp through one of the following legalization programs: Special Agricultural Worker (SAW) (INA $210); Amnesty (INAS245A); or Cuban Haitian Amnesty (S202 IRCA). The visa applicant if a child of the legalization alien must have been born of a marriage that existed before the legalized alien acquired permanent residence status. Similarly the spouse must have been married to the legalized alien before he or she became a permanent resident.
There is no INS petition for classification in this LB category. An 1-130 petition which was filed by the sponsoring parent or spouse will be used in the LB visa case without filing a new petition with the INS. Currently the Consular Offices of the State Department abroad are using the approval of an J-130 in the Family 2A category to start the visa processing for the LB visa. Any permanent resident who is a legalization beneficiary and who has an approved 1-130 for a spouse or child may wish to inquire about beginning immigrant visa processing at the Embassy or Consulate abroad. Spouses or children who are in the United States and in-status may be able to adjust status to permanent residence at a local INS office. Temporary residents who have scheduled an interview for adjustment to permanent residence should consider filing a 1-130 for their spouse or child at the time of the adjustment interview.
This article is provided as general guidance on immigration issues. No general solution to specific legal problems is intended The reader is cautioned to consult a lawyer and not to attempt to solve individual problems based on the general information presented here.
Article extracted from this publication >> February 7, 1992
