IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
February, 2010
IS
UNIFYING FAMILIES REALLY AN IMMIGRATION
PRIORITY?
Most people who immigrate to the United States
are able to do so because they have a close relative
in the United States who petitions for them or
because they have a job skill that is needed
by a United States employer. The process, in
either case, is a lengthy one, usually taking
several years from start to finish. The wait
is discouraging and impractical for prospective
immigrants who are needed by United States employers;
but for close family members, the wait is agonizing
and, perhaps, impossible. In his State of the
Union speech, President Obama reiterated that
immigration reform is on his 2010 agenda. With
the process of immigrating to join family members
in the United States in dire need of an overhaul,
this year we may see some changes.
The recent devastation of Haiti brought international
adoption, along with related immigration issues,
to the forefront of the news. United States couples
who have waited years for their adopted Haitian
children to clear the immigration process and
come home to the United States have been the
subject of these happy news stories. Fortunately,
the governments of Haiti and the United States
are deviating from usual procedures required
by United States immigration law by now moving
as many children as possible out of Haiti to
their new adoptive families. Required processing
will be completed after the children arrive in
the United States. In the absence of such a crisis,
though, orphaned children, often already adopted
overseas by American families, typically wait
for years in institutions while the immigration
process grinds on.
All
relatives trying to immigrate to the United
States – not just adopted children – are hurt
by the slow-moving immigration process. Expediting
that processing requires a re-engineering of
procedures followed by the Department of Homeland
Security and by the Department of State at United
States consulates abroad. Our government's ability
to make positive, efficient changes in immigration
procedures is evident in its handling of the
Haitian adoptions.
Raising
the number of family immigrants that we admit
annually to the United States is another way
to expedite the immigration process. Because
the number of permanent resident visas allocated
to relatives of United States citizens and permanent
residents is so limited, applicants typically
wait in a queue for years until a visa becomes
available. One of the longest waits is by brothers
and sisters of United States citizens, who generally
wait about fifteen years from the time they apply
for residency to approval of permanent resident
status. Perhaps the most discouraging wait, however,
is by spouses of lawful permanent residents,
who now wait about five years to join their spouses
in the United States. Bear in mind that it is
close family members who are affected by the
visa limits since more distant relatives – grandparents,
aunts, uncles cousins, etc. – are not eligible
for residency based on a family relationship.
Promoting family unity has long been an underlying
policy of our immigration law. If this policy
is of real value to us, we need immigration procedures
that demonstrate its value. When Congress tackles
immigration reform this year, please contact
your representatives and urge them make it easier
for relatives of our friends and neighbors to
immigrate. The slow processing and the limited
number of persons admitted annually are subjects
in desperate need of attention.
This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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