LegiStorm

Summary:

Family reunification has historically been a key principle underlying U.S. immigration policy . It is embodied in the Immigration and Nationality Act (INA) , which specifies numerical limits for five family - based immigration categories, as well as a per - country limit on total family - based immigration . The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family - based categories that vary according to individual characteristics such as the legal status of the petitioning U.S. - based relative, and the age, family relationship, an d marital status of the prospective immigrant. Of the 1,183,505 foreign nationals admitted to the United States in FY201 6 as lawful permanent residents (LPRs), 804,793 , or 68 %, were admitted on the basis of family ties. Of the family - based immigrants admi tted in FY2016, 70 % were admitted as immediate relatives of U.S. citizens. Many of the 1,183,505 immigrants were initially admitted on a nonimmigrant (temporary) visa and became immigrants by converting or “adjusting” their status to a lawful permanent res ident. The proportion of family - based immigrants who adjusted their immigration status while r esiding in the United States ( 34 %) was substantially less than that of family - based immigrants who had their immigration petitions p rocessed while living abroad ( 66% ), although such percentages varied considerably among the five family - based immigration categories. Since FY2000, increasing numbers of immediate relatives of U.S. citizens have accounted for the growth in family - based immigration . In FY2016 , related ( derivative) immigrants who accompanied or later followed principal (qualifying) immigrants accounted for 9 % of all family - based immigration . In recent years , Mexico, the Philippines, China, India, and the Dominican Republic have sent the most family - based immigrants to the United States. Each year, the number of foreign nationals petitioning for LPR status thro ugh family - sponsored preference categories exceeds the numerical limits of legal immigrant visas . As a result, a visa queue has accumulated of foreign nationals who qualify as immigrants under the INA but who must wait for a visa to immigrate to the United States. The visa queue is not a processing backlog but, rather, the number of persons approved for visas not yet available due to INA - specified numerical limits. As of November 1, 201 7 , the visa queue numbered 3.95 million persons. Every month, the Department of State (DOS) issues its Visa Bulletin , which lists “cut - off dates” for each numerically limited family - based immigration category . Cut - off dates indicate when petitions that are currently being processed for a numerically limited visa were initially approved. For most countries, cut - off dates range between 23 months and 13 .5 years ago. For co untries that send the most immigrants, the range expands to between 2 and 23 years ago. Long - standing debates over the level of annual permanent immigration regularly place scrutiny on family - based immigration and revive debate s over whether its current pr oportion of total lawful permanent immigration is appropriate . Proposals to overhaul family - based immigration were made by two congressionally mandated commissions in 1980 and 1995 - 19 97 . M ore r ecent legislative proposals to revise family - based immigration include S. 744 , the Border Security, Economic Opportunity, and Immigration Modernization Act in the 113 th Congress and S. 1720 , the Reforming American Immigration for a Strong Economy (RAISE) Act in the 115 th Congress. Those who favor expanding family - based immigration by increasing the annual numeric limits point to the visa queue of approved prospective immigrants who must wait years separated from their U.S. - based family members until they receive a visa . Others question whether the United States has an obligation to reconstitute families of immigrants beyond their nuclear families and favor reducing permanent immigration by eliminating certain family - based preference categories . A rguments favoring restricting certain categories of family - based immigration reiterate earlier recommendations made by congressionally mandated immigration reform co mmissions .