The queue for green cards for family reunification has not moved for 3 months: what is the reason

A citizen or permanent legal resident of the United States (green card holder) has the right to reunite with his family, that is, to move relatives to America. This process has always taken quite a long time, but during the pandemic it practically stopped: for three months now, the queue for green cards for family reunification has not been moving at all. Data on their waiting times in the visa bulletin for November correspond October и September.

Photo: Shutterstock

What is the reason

April 22 US President Donald Trump signed a decree, which limits immigration into the country, including obtaining green cards, initially for 60 days. On June 22 he extended this ban until December 31, 2020. The President named the main reason for introducing new restrictive measures to preserve “jobs for our great American citizens” amid the coronavirus pandemic.

Although the ban affected many categories of immigrants, it was especially difficult for those who tried to reunite with family members in the United States. National Immigration Forum.

Affected categories of family visas

The April 22 ban temporarily suspended entry for many would-be immigrants applying for family green cards from abroad. The June 22 ruling extended these restrictions until December 31, 2020 and extended to individuals wishing to enter the United States from another country under the following immigrant and nonimmigrant family visa programs:

Family immigrant visas:

• IR-5 visas for parents of US citizens;
• F1 visas for unmarried adult children of US citizens;
• F2 visas for spouses and unmarried children of lawful permanent residents of the United States (green card holders);
• F3 visas for married sons or daughters of US citizens;
• F4 visas for adult siblings of US citizens.

Family Temporary Nonimmigrant Visas:

• H-4 visas for spouses and minor children of H-1B and H-2B workers.
• J-2 visas for spouses and minor children of J-1 employees and trainees.
• L-2 visas for spouses and minor children of L-1 employees.

Note that the issuance of visas did not stop immediately after Trump’s ban - most likely because some of the visas were already in the process of being issued. When the US President banned the issuance of new visas, the processes that had begun were not stopped and, most likely, completed by issuing visas. This explains that the queue for green cards for family reunification moved forward until September (albeit extremely slowly).

On the subject: Why USCIS may reject a family reunion petition: reasons and solutions

How many people were affected by the ban

The United States issues about 1,1 million new green cards annually. Of these annual new green cards, approximately 550, or 000%, are issued to visa categories subject to the Trump restriction. But the ban only applies to those who apply from abroad, and many of the 50 people in these categories change their status within the United States. In total, the ban affected approximately 550 people per year, or about one third of the total number of new permanent immigrants.

The two most affected categories are:

• 105 F000 visas for spouses and children of lawful permanent residents of the United States (green card holders);
• 55 F000 visas for adult siblings of US citizens.

The United States also receives about 3,9 million people annually on nonimmigrant visas for temporary workers, interns and their families. The ban will affect approximately 525 potential applicants if extended until the end of the fiscal year in 000.

Overall, according to the Department of Homeland Security's Annual Factbook of Immigration Statistics, if the ban continues beyond 2020, about 280 household immigrants could be harmed a year. This is 000 times the estimated number of employment immigrants affected (10).

On the subject: Fewer visas, green cards and asylum permits: Trump's immigration plan for a second term

Why family reunions have taken so long

On average, spouses and unmarried children of green card holders under the age of 21 (category F2A) wait about 2 months; unmarried children of green card holders over 21 years old (category F2B) - over 4 years. The F3 and F4 categories have to wait the longest, that is, married sons and daughters of US citizens, as well as siblings of adult US citizens, their applications are considered for more than 11 years and 13 years, respectively.

Why is this process taking so long? The fact is that Congress limits the number of green cards that can be issued annually. The number of people seeking green cards has consistently exceeded this annual limit, creating a backlog, writes Boundless.

There are currently 366 green cards available annually, but this amount is broken down into a complex system of categories with a specific quota for each. The two broadest categories are family green cards (000), which include marriage green cards and employment green cards (226).

There are four levels in total, under which relatives of green card holders or US citizens fall, and visa limits for each of them:

F1 - unmarried sons and daughters of US citizens (23 green cards per year);
F2A - spouses and unmarried children of green card holders under the age of 21 (87 green cards per year);
F2B - unmarried children of green card holders over 21 years old (26 green cards per year);
F3 - married sons and daughters of US citizens (23 green cards per year);
F4 - brothers and sisters of adult US citizens (65 green cards per year).

Often there are more applicants than visas. Therefore, the effect of a snowball appears: those who did not manage to receive this year are transferred to the next.

In addition to setting a general cap on the number of green cards issued annually, Congress also limits the number of green cards by country of origin. According to this annual “cap”, no country of origin can hold more than 7% of green cards in any given category.

Family visas that are exempt from the Trump restriction and are currently being issued:

• IR-1 and CR-1 visas for spouses of US citizens.
• IR-2 and CR-2 visas for unmarried minor children (under 21 years of age) US citizens.
• IR-3 and IR-4 visas for adopted children.
• Children under 21 years of age - The prohibition includes specific guidance to the Secretary of State and DHS to exempt from the prohibition children seeking a green card in the F2 family visa category. Children of legal permanent residents who are under 21 years of age are eligible for these visas. However, if the child turns 21 during visa processing, the son or daughter is no longer eligible.

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