July 11, 2024 — Members of the 2023-24 American Immigration Lawyers Association (AILA) Media Advocacy Committee have shared their insights on common misconceptions about immigration. One prevalent misunderstanding is the definition of “immediate relative” under U.S. immigration law, which significantly affects family reunification timelines.
Many people are surprised to learn that even U.S. citizens face long waits to bring extended family members to the United States. A personal story from an AILA member highlights this issue vividly. She recounted how, while pregnant with her first child, she and her husband thought his sister would be an invaluable help. They filed a petition for her, and although it was approved, the visa was only granted by the time their child was in college.
In everyday language, we often consider siblings to be immediate relatives. However, under the Immigration and Nationality Act (INA), the term “immediate relative” is specifically defined as the spouse, parent, or child (under 21) of a U.S. citizen. Consequently, siblings fall into the fourth preference category for family-based visas, which are subject to annual limits and result in substantial backlogs.
The backlog for a U.S. citizen’s brother or sister to receive a visa currently spans 17 years. For siblings from countries like India, Mexico, or the Philippines, this wait can extend to 24 years. These extensive delays mean families are separated for decades, missing out on significant life events such as births, graduations, marriages, and even deaths.
The long-standing immigration laws have not seen comprehensive updates for generations. This outdated system does not align with the current needs of American families or the realities of modern immigration. The general public often misunderstands how the system functions and the challenges it presents for family reunification.
It is imperative to urge congressional delegations to undertake the necessary work to modernize immigration laws. Key changes should include revising the familial definitions to allow families to reunite more efficiently. Such reforms would enable aunts, uncles, and other extended family members to be part of their loved ones’ lives from a young age through significant milestones.
By addressing these issues, we can build an immigration system that reflects the needs of today’s America, promoting family unity and enriching the lives of all involved.
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