Green card holders and nuclear families

This is a discussion on Green card holders and nuclear families within the Green Card Issues forum, part of the Naturalization & Citizenship category; Green card holders married to non-U.S. citizens are unable to legally bring their spouses (or families) to join them in ...

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Old Nov 27th, 2008, 12:15 AM   #1
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Default Green card holders and nuclear families

Green card holders married to non-U.S. citizens are unable to legally bring their spouses (or families) to join them in the USA. The foreign spouse of a green card holder must wait for approval of an 'immigrant visa' from the State Department before entering the United States. Due to a backlog in processing, such visas can take up to five years to be approved. In the interim, due to immigration intent, the spouse cannot enter the United States on any other visas not even as a visitor.

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Old Nov 29th, 2008, 03:46 AM   #2
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Green card holders and nuclear families

Green card holders married to non-U.S. citizens are unable to legally bring their spouses (or families) to join them in the USA. The foreign spouse of a green card holder must wait for approval of an 'immigrant visa' from the State Department before entering the United States. Due to a backlog in processing, such visas can take up to five years to be approved. In the interim, due to immigration intent, the spouse cannot enter the United States on any other visas not even as a visitor. This puts LPRs in a uniquely disadvantaged situation:
  • visitors and non-immigrants coming to the USA on temporary visas for work, business, or study (including H1, L1, B, and F1 visas) can sponsor their dependent spouses to travel with them;
  • U.S. citizens can sponsor their spouses to come to the USA in non-immigrant status; the spouse can then convert to an immigrant status under the Legal Immigration and Family Equity Act of 2000 (the "LIFE Act").

The issue of LPRs separated from their families for years is not a new problem. A mechanism to unite families of LPRs was created by the LIFE Act by the introduction of a 'V visa,' signed into law by President Bush. It effectively expired and is no longer available. Bills HR1823 and HR4448 are in the U.S. Congress. The proposal for reviving the V visa is based on something that has little controversy — family unity — but passing such a bill into law is not a small matter.

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