wantmygcnow
Volunteer Moderator
Stay tuned for the National Unite Family Day March
National Day of Action to Reunite Families of American Citizens and Lawful Permanent Residents
Goals of a “National Day of Action to Reunite Families of American Citizens and Lawful Permanent Residents”
Strengthen the message of the movement:
break the false dichotomy of illegal immigrants vs. legal immigrants that was framed by the opposition and has continue to be reported in the English press despite our best efforts
identify a group of key organizers/speakers who can act as “attack dogs” who can directly counter statements of groups like the Minutemen and politicians like Tancredo and Sensenbrenner who claim to oppose an earned path to citizenship because “it would not be fair to those who wait in line” – we are the only people who can counter that claim with authority
Educate the public and appeal to their sense of fairness under the law in an attempt to influence public opinion:
keep a simple message “if it’s broke, fix it”
highlight the most anti-family, anti-tax fairness part of the bill (spouses that are barred from entering still have to taxes)
let people know that there is a good reason for people to bypass the current immigration system
Recruit more people into the movement:
attract a previously disaffected group of professionals with skills to bring to the table
directly appeal to English-speaking extended family members of US citizens who have seen demonstrations reported as “illegal immigrant rallies” only
training a new group of organizers
Send a message to Washington:
we already vote or will very soon
we are with the larger movement
we will hold you accountable for anti-family legislation
Address the number one concern of US citizens and lawful permanent residents with a Call to Action for Family Reunification
Vision for a “National Day of Action to Reunite Families of American Citizens and Lawful Permanent Residents”
Our focus is sending a disciplined message to the English press in as many cities as possible as opposed to turning out the largest possible numbers. Cities with organizers ready right now: Philadelphia, Washington, Knoxville, Atlanta, and San Jose.
We would like the day to be on a Saturday. This is to allow citizens who have moved out of the country to be with their spouse to be able to fly in on a Friday and return on Sunday.
To reinforce the focus of our message, we want to have statements at rallies/press conference in English only, and would prefer not to have flags (or if flags, American only). We would like 2 ½ weeks lead time to prepare, be we are very anxious to act as soon as possible.
Key areas of support that we would like from the movement:
To the extent possible, agreement from major cities not to have competing demonstrations that will dilute the message on the same day
National press release on or before May 1st; as we learned from April 10th, the first organization to announce the next action will be branded as a national leader of the movement
Help with logistics, turn-out, etc. is welcomed but that is not the main area where we are requesting help. We want to add to the movement, not draw from it. And our concern is quality of the message as opposed to turning out numbers like on April 10th.
What we offer in return:
Fresh blood to help organize, not only for family reunification day, but also for May 1st and into the future
Access to a previously untapped constituency, one characterized by people who could more easily contribute money than time
A sphere of influence that includes more people in big business that would augment our support from small business
Main concerns of US Citizens and Lawful Permanent Residents
Families of US citizens and lawful permanent residents have several specific concerns with the Immigration and Nationality Act. These concerns are listed in more detail in the following sections. However, we feel that 90% of our issues can be categorized more generally as follows:
Family visitation – this is by far the single most important issue for both US citizens and lawful permanent residents. Family visitation has not been addressed by any legislation and we want it to be included in any comprehensive immigration reform bill. We believe that the lack of legal means to visit family is main contributor to the current immigration issues. People will choose to break the law if the alternative is never seeing their family again.
Backlog reductions – we feel there is a general agreement on all sides that backlogs should be reduced. However, the details of the bills supported by the movement are certainly more positive than the alternatives.
Due process and the to challenge rulings in court – especially with regard to permanent bars to entry into the country, US citizens and lawful permanent residents want to have their day in court when their families are threatened. Lack of appeal and due process under current law is another factor that has led to the current immigration issues. We are not happy with any of the legislation put forth in this regard, and feel supported by the movement here.
Because family visitation is by far our most pressing issue, because the other two issues are getting some attention, and because we want to send a focused message that can be picked up on TV sound-bites, we want a national day of action on family reunification to focus exclusively on family visitation with a “Call to Action for Family Reunification” (next section).
Call to Action for Family Reunification
Whereas, thousands of American citizens and lawful permanent residents pay income tax on their spouses’ foreign income at the same time that their spouses are barred or otherwise prevented from legally entering the country for years,
Whereas, the first amendment to the Constitution of the United States of America guarantees freedom of assembly,
Whereas, waiting in line for a lawful process and assembling with family members should not be an either/or proposition,
Whereas, there is no way for an American citizen or lawful permanent resident to bring in a close personal friend to visit,
Whereas, marriage and betrothment are life decisions that require prior visitation to be honestly entered into,
We hereby call on all members of Senate and the House of Representatives to enact the following amendment to the Immigration and Nationality Act:
Notwithstanding any other provision of law, the spouse, parent, grandparent, child, grandchild, sibling, or close personal friend of an American citizen or lawful permanent resident shall not be barred or otherwise prevented from entering the country for the purpose of visiting said American citizen or lawful permanent resident.
Specific Concerns of US Citizens
Provide fair and reasonable due process for the families of American citizens. Married couples should have more rights than criminals, not less
Fair and reasonable duration and costs
getting married should not be more difficult than getting a gun; security background checks should be completed in 3 days or less
processing time for a decision on family-based immigration should be capped at 6 months; if DHS cannot process by this time, families should have recourse through the courts and through members of congress and senate
processing fees for family based immigration should be capped at $500; married couples should not be penalized for marriage and should not be responsible for the incompetence of the Department of Homeland Security
Fair and reasonable treatment and accountability
oppose proposed DHS ability to deny naturalization on suspicion rather than evidence
oppose proposed indefinite detention
oppose proposed "separate but equal" immigration court in DC; oppose on principal of due process and on costs of traveling to DC (Money and hardship to get time off from work)
processing requirements and appeals should apply equally to consulates as to applications made in the country.
spouses should be afforded legal counsel (just like a criminal) if interrogated upon entry to the country
spouses should have the ability to file criminal charges and file civil suit in the event of sexual assault, imprisonment, or requests for bribes on the behalf of consular staff or immigration control enforcement agents
families should have the ability to appeal denials of applications in a court of law with at least the same rights of due process as a criminal
any congressional inquiry into an immigration case should be responded to within 5 business days and should include the physical location of the case and the individual responsible for processing the current stage of the case
families should have the same rights to a“trial by jury” that accused criminals have; if a married couple can produce notarized letters from 12 upstanding members of the community who have known them as a married couple for at least three months and can attest to the legitimacy of their marriage and the good moral character of the non-citizen spouse, then applications for family based immigration should be approved.
Removal of 3/10 year ban for married couples
mistakes happen, and immigrants should not be punished for honesty when they go back to their native country as compared to people who stay illegally; law should not punish those who correct past transgressions
financial penalty is more appropriate
any bill which supports current undocumented workers should have at a minimum the same rights for those who have married US Citizens but returned to their home country
current ban creates an undue hardship on American children
all Americans should have the right to have a family; 10 year ban could prevent family ("ticking clock") (also biblical analogy of king taking first born child)
Remove affidavit of support, the "ultimate marriage penalty"
best result (or maybe goal for spouses and children?) : remove affidavit of support
affidavit of support should only apply to employment based immigration; reasons:
poor families are still in the country; separation only makes them poorer and rely on government programs further (depression and other health care costs, long-distance phone calls, plane tickets, lost economic opportunities due to uncertainty, not able to have a two head household to allow one to work and one to provide daycare.)
it is a violation of basic human rights to separate families because they are poor
worst result (or maybe goal for all but spouses and children?): reform affidavit of support
level of support required should be low enough so that the salary of any civil servant, member of the armed forces, in any state, or first responder qualifies
if sponsor does not qualify as sponsor, a certificate of sponsorship insurance, valid for 5 years, should substitute (this should be applicable to any kind of immigration requiring an affidavit of support, plus offer insurance companies new areas of business so they can offer this kind of insurance)
non-profit and faith-based organizations should be allowed to act as co-sponsors
if denied, spouses and nuclear family members should still be able to visit US citizens in the United States
Marriage should not be penalized and should not invalidate existing visas
spouses should be free to travel and/or work under any pre-exiting visas following marriage
application (not final processing) of I-130 should allow for unlimited departure and entry into the country until processing decision is made
Rights of children who are US citizens whose parents are not in the country
organizations should be allowed to sponsor non-citizen parents and/or legal guardians on behalf of US citizens who are children
all the rights afforded to spousal immigration (due process, removal of 3/10 year ban, etc.) should be afforded to parental immigration
End rushed marriages and fraudulent marriages and allow time for weddings in the church
extend time to marry under fiancée visa to 3 years (matching actual wait times for church weddings)
allow renewable visa to travel and work based on close friendship (ending the incentive for fraudulent marriages for gay/lesbian immigrants, and allowing heterosexual couples to marry at their own pace rather than at the pace of the government)
Family visit
allow families to sponsor extended family members (aunts, uncles, cousins) for family visits (multiple entry tourist visas with ability to work) and require 3 day turnaround on processing following the birth of a child or serious health problems (as evidenced by on-going hospital care or note from a physician)
Rights of survivorship
if a US citizen dies before their spouse or children are granted citizenship, the immigration case should proceed as if the US citizen were still alive
if a US citizen dies before their spouse is granted citizenship, their spouse should be taxed a rate equivalent to a US citizens, regardless of the final immigration decision and regardless of any action on behalf of the spouse to discontinue the immigration process
Specific Concerns of Lawful Permanent Residents
Introduction
Family separation is a serious issue. It causes signficant emotional turmoil and can have long-lasting and devastating effects.
Lawful Permanent Residents are denied playing an active role in raising their own children. For no fault of their own, children and parents miss priceless moments that are witnessed in normal family environments every day. Even worse, for those families who cannot afford frequent travel, a child grows up not knowing one of his/her parents. Five years is an incredibly long time during childhood.
LPRs must live separated from their husband or wife, being forced into a predicament that is widely recognized as unpleasant and challenging — a long-distance relationship. This can cause breakups of what would otherwise be normal happy families.
Single LPRs are also affected. Those who are ready to marry and start a family often have difficulty in finding an acceptable life partner. Their immigrant status, in essence, prevents them from marrying a loved one from their own country and living in the U.S. The senseless part is that if they had married prior to becoming a Lawful Permanent Resident, they would have avoided family separation altogether.
Solution
Lawful Permanent Residents torn from their families for years is not a new problem. A mechanism to unite families of LPRs was created by the Legal Immigration Family Equity Act of 2000 (the LIFE Act).
It is called the V visa. Unfortunately, it is effectively no longer available.
We believe the best solution is to renew the V visa.
What is the V visa?
The V visa allows the spouse and minor children of an LPR to live in the U.S. while they await approval of their family immigration petitions. The visa allows the spouse to work while in the U.S. and travel out of the U.S. as needed. It is valid until the immigrant petition is either approved or rejected.
The V visa is similar to K visas available to spouses and minor children of U.S. citizens awaiting approval of their immigrant visa petitions.
Why is it no longer available?
The LIFE Act included the following restrictions on the availability of the V visa:
The immigrant visa petitions (I-130) must have been filed before December 22, 2000. This was the date of enactment of the LIFE Act.
2. The petition must have been pending for at least three years.
In essence, the V visa was created to remedy a temporary problem in the year 2000 — excessive family separation of LPRs due to immigration backlogs. Unfortunately, it was not a temporary problem. Family separation of LPRs is still here and even more lengthy in the year of 2004.
We believe the V visa should be renewed without the provisions above. H.R. 1823 extends the V visa to January 1, 2011, and reduces eligibility pending period to 6 months. We believe that this is the right solution and we urge Congress to enact it.
Why is the V visa the best alternative?
No additional immigrant visas are needed.
No security or background checks are bypassed. National security is not compromised.
V visa beneficiaries still wait their turn to get their immigrant visas. They are not "jumping the queue".
The V visa was enacted once. It is far more likely for a provision to be renewed than for a new provision to be enacted. Congress has already understood the problem by creating the V visa. All we need to do is convince Congress that this problem was not a one time issue that needed a stopgap fix.
Alternate Solutions
Several alternative solutions have been proposed to achieve family unity. Bills have been introduced in previous sessions of Congress for most of these solutions. However, we believe that none of these alternatives are as attractive as renewing the V visa:
Remove numerical limits on immigrant visas for spouses and minor children of LPRs. Title II of Senator Hagel's (R-NE) S. 1919 accomplishes this. While this is the true solution to the problem of family unity, additional work would be needed to address the processing delays.
Allow spouses and minor children to qualify for student/visitor visas. Congressman Pallone (D-NJ-6) has introduced a bill — H.R. 4448 — for this purpose. However, not all family members will qualify for student visas. It is not necessary that the school for which the family member qualifies will be in the same geographical area. Visitor visas only allow limited duration visits.
Reduce residency requirements for naturalization. This will allow the LPR to naturalize faster thereby qualifying his/her spouse and children as immediate family of a citizen. Congressman Jim Ryun's (R-KS-2) bill — H.R. 4168 — and its Senate companion — Senator Alexander's (R-TN) S. 1815 — reduce the residency requirement to four years for those fluent in English.
Do not count immigrant visas issued to immediate relatives of U.S. citizens against the quota available to preference categories. This has been proposed in Senate Judiciary Committee Chairman Arlen Specter's (R-PA) bill — Senate Amendment 3192 to S. 2454 (Chairman's Mark). It is also contained in Senate Majority Leader Bill Frist's (R-TN) bill — S. 2454. Under current law, immigrant visas issued to spouses, children, and parents of U.S. citizens are subtracted from the 480,000 immigrant visas available to family preference categories each fiscal year. Since there is considerable demand for immigrant visas for immediate relatives of U.S. citizens, eliminating this reduction would double the number of immigrant visas available to preference categories. Unfortunately, this will not reduce wait times significantly because the number of permanent residents would dramatically increase if this bill were enacted due to the creation of the dual intent H2C visa (gold card), the agricultural worker visa (blue card), and the advanced degree F4 visa. This is further exacerbated by the recently enacted REAL ID Act which eliminates the annual cap on the number of asylees that can adjust to permanent residence. It is expected that the demand for family immigration visas will considerably increase as a consequence.
Unlike the V visa, none of these solutions have been enacted before. Many of these solutions increase immigrant benefits beyond family unity — something that may not be attractive to Congress in the prevailing climate. We recommend the renewal of the V visa as the preferred solution to this problem. The V visa addresses the problem of family unity — nothing more, nothing less.
National Day of Action to Reunite Families of American Citizens and Lawful Permanent Residents
Goals of a “National Day of Action to Reunite Families of American Citizens and Lawful Permanent Residents”
Strengthen the message of the movement:
break the false dichotomy of illegal immigrants vs. legal immigrants that was framed by the opposition and has continue to be reported in the English press despite our best efforts
identify a group of key organizers/speakers who can act as “attack dogs” who can directly counter statements of groups like the Minutemen and politicians like Tancredo and Sensenbrenner who claim to oppose an earned path to citizenship because “it would not be fair to those who wait in line” – we are the only people who can counter that claim with authority
Educate the public and appeal to their sense of fairness under the law in an attempt to influence public opinion:
keep a simple message “if it’s broke, fix it”
highlight the most anti-family, anti-tax fairness part of the bill (spouses that are barred from entering still have to taxes)
let people know that there is a good reason for people to bypass the current immigration system
Recruit more people into the movement:
attract a previously disaffected group of professionals with skills to bring to the table
directly appeal to English-speaking extended family members of US citizens who have seen demonstrations reported as “illegal immigrant rallies” only
training a new group of organizers
Send a message to Washington:
we already vote or will very soon
we are with the larger movement
we will hold you accountable for anti-family legislation
Address the number one concern of US citizens and lawful permanent residents with a Call to Action for Family Reunification
Vision for a “National Day of Action to Reunite Families of American Citizens and Lawful Permanent Residents”
Our focus is sending a disciplined message to the English press in as many cities as possible as opposed to turning out the largest possible numbers. Cities with organizers ready right now: Philadelphia, Washington, Knoxville, Atlanta, and San Jose.
We would like the day to be on a Saturday. This is to allow citizens who have moved out of the country to be with their spouse to be able to fly in on a Friday and return on Sunday.
To reinforce the focus of our message, we want to have statements at rallies/press conference in English only, and would prefer not to have flags (or if flags, American only). We would like 2 ½ weeks lead time to prepare, be we are very anxious to act as soon as possible.
Key areas of support that we would like from the movement:
To the extent possible, agreement from major cities not to have competing demonstrations that will dilute the message on the same day
National press release on or before May 1st; as we learned from April 10th, the first organization to announce the next action will be branded as a national leader of the movement
Help with logistics, turn-out, etc. is welcomed but that is not the main area where we are requesting help. We want to add to the movement, not draw from it. And our concern is quality of the message as opposed to turning out numbers like on April 10th.
What we offer in return:
Fresh blood to help organize, not only for family reunification day, but also for May 1st and into the future
Access to a previously untapped constituency, one characterized by people who could more easily contribute money than time
A sphere of influence that includes more people in big business that would augment our support from small business
Main concerns of US Citizens and Lawful Permanent Residents
Families of US citizens and lawful permanent residents have several specific concerns with the Immigration and Nationality Act. These concerns are listed in more detail in the following sections. However, we feel that 90% of our issues can be categorized more generally as follows:
Family visitation – this is by far the single most important issue for both US citizens and lawful permanent residents. Family visitation has not been addressed by any legislation and we want it to be included in any comprehensive immigration reform bill. We believe that the lack of legal means to visit family is main contributor to the current immigration issues. People will choose to break the law if the alternative is never seeing their family again.
Backlog reductions – we feel there is a general agreement on all sides that backlogs should be reduced. However, the details of the bills supported by the movement are certainly more positive than the alternatives.
Due process and the to challenge rulings in court – especially with regard to permanent bars to entry into the country, US citizens and lawful permanent residents want to have their day in court when their families are threatened. Lack of appeal and due process under current law is another factor that has led to the current immigration issues. We are not happy with any of the legislation put forth in this regard, and feel supported by the movement here.
Because family visitation is by far our most pressing issue, because the other two issues are getting some attention, and because we want to send a focused message that can be picked up on TV sound-bites, we want a national day of action on family reunification to focus exclusively on family visitation with a “Call to Action for Family Reunification” (next section).
Call to Action for Family Reunification
Whereas, thousands of American citizens and lawful permanent residents pay income tax on their spouses’ foreign income at the same time that their spouses are barred or otherwise prevented from legally entering the country for years,
Whereas, the first amendment to the Constitution of the United States of America guarantees freedom of assembly,
Whereas, waiting in line for a lawful process and assembling with family members should not be an either/or proposition,
Whereas, there is no way for an American citizen or lawful permanent resident to bring in a close personal friend to visit,
Whereas, marriage and betrothment are life decisions that require prior visitation to be honestly entered into,
We hereby call on all members of Senate and the House of Representatives to enact the following amendment to the Immigration and Nationality Act:
Notwithstanding any other provision of law, the spouse, parent, grandparent, child, grandchild, sibling, or close personal friend of an American citizen or lawful permanent resident shall not be barred or otherwise prevented from entering the country for the purpose of visiting said American citizen or lawful permanent resident.
Specific Concerns of US Citizens
Provide fair and reasonable due process for the families of American citizens. Married couples should have more rights than criminals, not less
Fair and reasonable duration and costs
getting married should not be more difficult than getting a gun; security background checks should be completed in 3 days or less
processing time for a decision on family-based immigration should be capped at 6 months; if DHS cannot process by this time, families should have recourse through the courts and through members of congress and senate
processing fees for family based immigration should be capped at $500; married couples should not be penalized for marriage and should not be responsible for the incompetence of the Department of Homeland Security
Fair and reasonable treatment and accountability
oppose proposed DHS ability to deny naturalization on suspicion rather than evidence
oppose proposed indefinite detention
oppose proposed "separate but equal" immigration court in DC; oppose on principal of due process and on costs of traveling to DC (Money and hardship to get time off from work)
processing requirements and appeals should apply equally to consulates as to applications made in the country.
spouses should be afforded legal counsel (just like a criminal) if interrogated upon entry to the country
spouses should have the ability to file criminal charges and file civil suit in the event of sexual assault, imprisonment, or requests for bribes on the behalf of consular staff or immigration control enforcement agents
families should have the ability to appeal denials of applications in a court of law with at least the same rights of due process as a criminal
any congressional inquiry into an immigration case should be responded to within 5 business days and should include the physical location of the case and the individual responsible for processing the current stage of the case
families should have the same rights to a“trial by jury” that accused criminals have; if a married couple can produce notarized letters from 12 upstanding members of the community who have known them as a married couple for at least three months and can attest to the legitimacy of their marriage and the good moral character of the non-citizen spouse, then applications for family based immigration should be approved.
Removal of 3/10 year ban for married couples
mistakes happen, and immigrants should not be punished for honesty when they go back to their native country as compared to people who stay illegally; law should not punish those who correct past transgressions
financial penalty is more appropriate
any bill which supports current undocumented workers should have at a minimum the same rights for those who have married US Citizens but returned to their home country
current ban creates an undue hardship on American children
all Americans should have the right to have a family; 10 year ban could prevent family ("ticking clock") (also biblical analogy of king taking first born child)
Remove affidavit of support, the "ultimate marriage penalty"
best result (or maybe goal for spouses and children?) : remove affidavit of support
affidavit of support should only apply to employment based immigration; reasons:
poor families are still in the country; separation only makes them poorer and rely on government programs further (depression and other health care costs, long-distance phone calls, plane tickets, lost economic opportunities due to uncertainty, not able to have a two head household to allow one to work and one to provide daycare.)
it is a violation of basic human rights to separate families because they are poor
worst result (or maybe goal for all but spouses and children?): reform affidavit of support
level of support required should be low enough so that the salary of any civil servant, member of the armed forces, in any state, or first responder qualifies
if sponsor does not qualify as sponsor, a certificate of sponsorship insurance, valid for 5 years, should substitute (this should be applicable to any kind of immigration requiring an affidavit of support, plus offer insurance companies new areas of business so they can offer this kind of insurance)
non-profit and faith-based organizations should be allowed to act as co-sponsors
if denied, spouses and nuclear family members should still be able to visit US citizens in the United States
Marriage should not be penalized and should not invalidate existing visas
spouses should be free to travel and/or work under any pre-exiting visas following marriage
application (not final processing) of I-130 should allow for unlimited departure and entry into the country until processing decision is made
Rights of children who are US citizens whose parents are not in the country
organizations should be allowed to sponsor non-citizen parents and/or legal guardians on behalf of US citizens who are children
all the rights afforded to spousal immigration (due process, removal of 3/10 year ban, etc.) should be afforded to parental immigration
End rushed marriages and fraudulent marriages and allow time for weddings in the church
extend time to marry under fiancée visa to 3 years (matching actual wait times for church weddings)
allow renewable visa to travel and work based on close friendship (ending the incentive for fraudulent marriages for gay/lesbian immigrants, and allowing heterosexual couples to marry at their own pace rather than at the pace of the government)
Family visit
allow families to sponsor extended family members (aunts, uncles, cousins) for family visits (multiple entry tourist visas with ability to work) and require 3 day turnaround on processing following the birth of a child or serious health problems (as evidenced by on-going hospital care or note from a physician)
Rights of survivorship
if a US citizen dies before their spouse or children are granted citizenship, the immigration case should proceed as if the US citizen were still alive
if a US citizen dies before their spouse is granted citizenship, their spouse should be taxed a rate equivalent to a US citizens, regardless of the final immigration decision and regardless of any action on behalf of the spouse to discontinue the immigration process
Specific Concerns of Lawful Permanent Residents
Introduction
Family separation is a serious issue. It causes signficant emotional turmoil and can have long-lasting and devastating effects.
Lawful Permanent Residents are denied playing an active role in raising their own children. For no fault of their own, children and parents miss priceless moments that are witnessed in normal family environments every day. Even worse, for those families who cannot afford frequent travel, a child grows up not knowing one of his/her parents. Five years is an incredibly long time during childhood.
LPRs must live separated from their husband or wife, being forced into a predicament that is widely recognized as unpleasant and challenging — a long-distance relationship. This can cause breakups of what would otherwise be normal happy families.
Single LPRs are also affected. Those who are ready to marry and start a family often have difficulty in finding an acceptable life partner. Their immigrant status, in essence, prevents them from marrying a loved one from their own country and living in the U.S. The senseless part is that if they had married prior to becoming a Lawful Permanent Resident, they would have avoided family separation altogether.
Solution
Lawful Permanent Residents torn from their families for years is not a new problem. A mechanism to unite families of LPRs was created by the Legal Immigration Family Equity Act of 2000 (the LIFE Act).
It is called the V visa. Unfortunately, it is effectively no longer available.
We believe the best solution is to renew the V visa.
What is the V visa?
The V visa allows the spouse and minor children of an LPR to live in the U.S. while they await approval of their family immigration petitions. The visa allows the spouse to work while in the U.S. and travel out of the U.S. as needed. It is valid until the immigrant petition is either approved or rejected.
The V visa is similar to K visas available to spouses and minor children of U.S. citizens awaiting approval of their immigrant visa petitions.
Why is it no longer available?
The LIFE Act included the following restrictions on the availability of the V visa:
The immigrant visa petitions (I-130) must have been filed before December 22, 2000. This was the date of enactment of the LIFE Act.
2. The petition must have been pending for at least three years.
In essence, the V visa was created to remedy a temporary problem in the year 2000 — excessive family separation of LPRs due to immigration backlogs. Unfortunately, it was not a temporary problem. Family separation of LPRs is still here and even more lengthy in the year of 2004.
We believe the V visa should be renewed without the provisions above. H.R. 1823 extends the V visa to January 1, 2011, and reduces eligibility pending period to 6 months. We believe that this is the right solution and we urge Congress to enact it.
Why is the V visa the best alternative?
No additional immigrant visas are needed.
No security or background checks are bypassed. National security is not compromised.
V visa beneficiaries still wait their turn to get their immigrant visas. They are not "jumping the queue".
The V visa was enacted once. It is far more likely for a provision to be renewed than for a new provision to be enacted. Congress has already understood the problem by creating the V visa. All we need to do is convince Congress that this problem was not a one time issue that needed a stopgap fix.
Alternate Solutions
Several alternative solutions have been proposed to achieve family unity. Bills have been introduced in previous sessions of Congress for most of these solutions. However, we believe that none of these alternatives are as attractive as renewing the V visa:
Remove numerical limits on immigrant visas for spouses and minor children of LPRs. Title II of Senator Hagel's (R-NE) S. 1919 accomplishes this. While this is the true solution to the problem of family unity, additional work would be needed to address the processing delays.
Allow spouses and minor children to qualify for student/visitor visas. Congressman Pallone (D-NJ-6) has introduced a bill — H.R. 4448 — for this purpose. However, not all family members will qualify for student visas. It is not necessary that the school for which the family member qualifies will be in the same geographical area. Visitor visas only allow limited duration visits.
Reduce residency requirements for naturalization. This will allow the LPR to naturalize faster thereby qualifying his/her spouse and children as immediate family of a citizen. Congressman Jim Ryun's (R-KS-2) bill — H.R. 4168 — and its Senate companion — Senator Alexander's (R-TN) S. 1815 — reduce the residency requirement to four years for those fluent in English.
Do not count immigrant visas issued to immediate relatives of U.S. citizens against the quota available to preference categories. This has been proposed in Senate Judiciary Committee Chairman Arlen Specter's (R-PA) bill — Senate Amendment 3192 to S. 2454 (Chairman's Mark). It is also contained in Senate Majority Leader Bill Frist's (R-TN) bill — S. 2454. Under current law, immigrant visas issued to spouses, children, and parents of U.S. citizens are subtracted from the 480,000 immigrant visas available to family preference categories each fiscal year. Since there is considerable demand for immigrant visas for immediate relatives of U.S. citizens, eliminating this reduction would double the number of immigrant visas available to preference categories. Unfortunately, this will not reduce wait times significantly because the number of permanent residents would dramatically increase if this bill were enacted due to the creation of the dual intent H2C visa (gold card), the agricultural worker visa (blue card), and the advanced degree F4 visa. This is further exacerbated by the recently enacted REAL ID Act which eliminates the annual cap on the number of asylees that can adjust to permanent residence. It is expected that the demand for family immigration visas will considerably increase as a consequence.
Unlike the V visa, none of these solutions have been enacted before. Many of these solutions increase immigrant benefits beyond family unity — something that may not be attractive to Congress in the prevailing climate. We recommend the renewal of the V visa as the preferred solution to this problem. The V visa addresses the problem of family unity — nothing more, nothing less.