I have received numerous inquiries from readers requesting an explanation of various preference categories assigned to applicants for immigrant visas. Before I proceed to discuss the preference categories it is important to note that the preference system applies to family sponsored and employment-based immigration each having a separate preference listing under The Immigration Act of 1990. The immediate relatives Of U.S. citizens are above the preference system of family-sponsored immigration. The immediate relatives category includes the Spouse and minor unmarried child Of a United States citizen and of a United States citizen who is over the age of 21.
To determine eligibility based on 3 familial relationship it is essential to consider various bodies of taw involved in establishing relationships including who is a child what is marriage divorce etc. Immediate relatives are not subject to a quota or annual limit. However under IMMACT9O they are for the first time being subtracted from the overall limitation for family-sponsored immigration. A provision has been made that the level of other family-sponsored immigrants applying through the family preferences (discussed below) may not fall below 226000. Family-Sponsored Preferences
Effective Oct. 1 1991 the old preference system was totally revamped. The old first second fourth and fifth preferences have been reclassified as the first second third and fourth preference respectively. Let us discuss these family preferences in detail:
- First Preference: Definition of First Preference: Unmarried sons and daughters of U.S. Citizens.
The first preference is subject to an annual limitationof23400plus any unused visas from the family based fourth preference. This is a Substantial reduction from the 54000 which had been available in this category but because of limited use of this category it is not expected to be presently backlogged.
- Second Preference: Definition of Second Preference; Part 2A:
Spouses and minor children of permanent residents (green card holders) of the U.S.
Part2B: Unmarried adult sons and daughters of permanent residents (green card holders) of the U.S.
As you will note this category is divided into two parts: Part 2A and Part 2B. Significantly more visas are available to aliens under Part 2A to alleviate the extensive backlogs that have plagued this category for some time.
The visas available in the second preference category will be governed in part by the number of visas issued to immediate relative immigrants. If the immediate relative category uses in excess of the floor level of 226000 the smallest number of visas available to the second preference category will be 114200 (as compared with the 70200 available to the second preference under prior law). Of these available numbers a minimum of 77% of the numbers (plus any unused numbers from the first preference) must be made available to the second preference spouses and minor children (Part 9A). for this reason unmarried adult sons and daughters of lawful permanent residents (classified as 2B) now experience a substantial delay in procuring their immigrant visas.
Remember that newly unmarried Spouses of permanent residents will continue to be granted conditional permanent residence for two years after which time they must establish that their marriage is still good or that the condition can be waived.
- Third Preference
Definition of Third Preference: Married sons and daughters of U.S. citizens. Visas available to married sons and daughters of U.S. citizens are limited to 23400 annually plus any unused visas from the family sponsored first and second preference categories. The annual limitation was reduced from 27000 to 23400 by IMMACT90 and is expected to produce additional backlogs in this category.
- Fourth Preference
Definition of Fourth Preference: Brothers and sisters of adult citi7ens. Visas available to brothers and sisters of adult U.S. citizens will be limited to 65000 (compared to 64800 now) plus any unused visas from the family-sponsored first second and third preference categories. For countries that are not oversubscribed there is presently a more than 9-year backlog in this category and that back log is expected to grow geometrically in the coming years For India there is presently an 1 1-year wait in this category and that wait is not going to gel shorter in the future. United States citizens who are just filing for their siblings in India under this category should not expect them to immigrate for the next 30 or so years unless of course the law in the future drastically changes in their favor.
Allocation of numbers in the Four Family Preferences
IMMACT90 apportions the 226000 among the four family-sponsored preferences as follows: First; 23400 (10.35%)
Second: 114200 (50.53%) Third: 23400 (10.35%)
Fourth: 65000 (28.77%) Total: 226000 (10000%)
The second preference is further subdivided in the following two subcategories: 24 87934 (77.00%). 2B 26266 (23.00%) June Visa Availability
The bulletin issued by the Visa Office of the Bureau of Consular Affairs of the U.S. Department of State gives the following availability position for issuance of immigrant visas during ith of June 1994: Family-Sponsored Preferences India UK Pakistan Bangladesh Sri Lanka
Ist Preference Current 2nd Preference 2B 8-8-91 8-8-91 LB 8-8-91 8-8-91 2B 11-22-89 11-22-89 3rd Preference 3-15-92 3-15-92 4th Preference 3-22-83 11-22-84
Employment-Based Preferences Ist Preference Current 2nd Preference Current 3rd Preference Current Other Workers 5-1-88 5-1-88 4th Preference Current Certain Religious Workers Current
5th Preference Current Targeted imp Areas Current
The opinions stated in this column should not be construed by the readers as legal advice concerning their specific situations. The readers should always consult with their counsel regarding their individual matters this information courtesy of India West.
Article extracted from this publication >> July 1, 1994
