Under the current immigration laws that regulate the flow of immigrants into the US, there are two categories of USA visas that are issued: the non-preference visa and the preference visa.
Those who are wanting to emigrate from their homelands and those who will benefit from either of these two types of USA visas will subsequently qualify to live and/or work in the United States.
The applications for them are subject to a strict annual quota of 675,000 only. There is a preference system in place for the issuing of these visas and there are four categories of preferences for family-sponsored immigration and five types of preferences for employment-sponsored immigration.
The annual cap on the number of family sponsored immigrants is 535,000. As well, there is a set minimum of 226,000, that must be issued within any given year. That leaves a total of 140,000 of them that are issued annually for the employment related category.
While these numbers are the current quota levels, the US federal government and the US Citizenship and Immigration Services department has made it clear that these numbers for the preference categories are subject to adjustment and change as needed.
The non-preference categories of USA visas are the following: Sons and daughters of US citizens who are unmarried. This type of visa is limited to a maximum of 23,000 to be issued in a year. This category also includes divorced adult daughters or sons of US citizens.
The adjudication of a son or daughter is different than the adjudication of a child, even though both are the offspring of a US citizen. For the purpose of US immigration, a child is considered to be an unmarried daughter or son who is under the age of twenty-one.
A child of a US citizen is allowed to enter the US without any consideration of the numerical quota for that type of visa. Therefore, the daughter or the son of the US citizen can be any age over 21, to qualify for a US permit application in this category.
Another category of preference in them is that of the spouse and the unmarried sons and daughters of legal and lawful US citizens or legal permanent resident aliens. This preference category does not take age into consideration, with regard to qualifying for this type of visa. There is a minimum of 114,000 visas of this type that are allotted for each year. This number may be augmented through the usage of any unused visas out of the first preference category.
Statistics have shown that approximately seventy-seven percent of them are provided for the spouses and for the children of permanent legal resident aliens in the US. This leaves the other twenty-three percent of them to be issued to the unmarried daughters and sons of US citizens or legal resident aliens.
A son or daughter of a US citizen who has been divorced is usually allowed to live within the US and also to work in the US, under the status of being an immigrant beneficiary who has been sponsored by a US citizen or by a permanent resident alien.
Yet another category of preference for the USA visas is that of the brother or the sister of US citizens. The yearly cap for this category is 65,000. However, this number can be increased if there are other available visas that were not issued from another category of family based visa preferences. |
