Introduction to Immigrant Visas

1
Introduction to Immigrant Visas

• Carl Shusterman
• Immigration Attorney

2
The Preference System

• Who Qualifies for Green Cards?
• Per-Country Quotas
• No Limits on
• Immediate Relatives

3
Immediate Relatives

• No Numerical Limits
• Spouses of US Citizens
• Now Including Same-Sex

• Children of US Citizens
• Parents of US Citizens

4
Preference Categories

• 1st Unmarried Adult Sons and Daughters of USC
• 2A Spouses and Children of LPRs
• Spouses Now Include Same-Sex Marriages
• 2B Unmarried Adult Sons Daughters of LPRs
• 3rd Married Sons Daughters of USCs
• 4th Brothers Sisters of USCs

5
Availability of Visa Numbers

• 226,000 Persons per Year
• 7 per-Country Limit
• Principal and Derivative Beneficiaries
• Each Category Has a Limit

6
Waiting Times

• State Department Monthly Visa Bulletin
• Range from 2 to 23 Years on Paper
• Reality is Much Worse
• Visa Bulletin Looks Backward, Not Forward

7
Changing Categories

• Marriage
• Divorce
• Naturalization
• Opt-Out Under CSPA

8
Changing Country of Chargeability

• Alternate Chargeability
• Though Spouse/Marriage
• Child Though Parents
• CSPA

9
Immigration Reform Bill Would

• Raise FB Per-Country Quotas to 15
• Exempt 2A Immigrants from Quotas
• Reduce the 3rd Preference Category
• Eliminate New Filings for 4th
  Category