Family-based immigration to the United States is facing an uncertain future due to the 2024 presidential candidates’ differing plans, with Kamala Harris and Donald Trump presenting contrasting visions on the topic, each influencing how immigration policy could evolve if they are elected.
Current Policies and Approaches
Kamala Harris, the current U.S. Vice President, has supported reforms introduced by President Joe Biden, including expanding services for immigrants and improving the family-based immigration process. However, her policies face criticism from those seeking both stricter immigration measures and more comprehensive support. Harris has also proposed bipartisan legislation to hire more border agents and regulate asylum requests, although it has faced resistance in Congress.
Donald Trump, on the other hand, has pledged to reinstate several policies from his previous administration, which would complicate family-based immigration. His approach focuses on increasing deportations and limiting access to legal immigration pathways. Furthermore, Trump seeks to eliminate birthright citizenship for children of undocumented immigrants and to impose stricter requirements on asylum seekers and family visa applicants, potentially separating families. Although these policies may face opposition in the courts and from human rights organizations, Trump has emphasized his commitment to a more rigid border policy.
The Future of Family-Based Immigration
Family-based immigration policy could change significantly depending on the election outcome. Under Harris, current reunification and immigrant support processes are expected to continue or improve. However, with Trump, a restrictive policy approach is likely, limiting family visas and implementing stricter border measures. This could include reinstating family separation programs at the border, a measure heavily criticized during his previous term and likely to encounter legal and social resistance again.
This complex scenario suggests that family-based immigration in the United States is at a critical juncture, with profound implications for families seeking to reunite in the country.
What is Family-Based Immigration?
Family-based immigration allows U.S. citizens and permanent residents to sponsor close family members for visas to enter and reside legally in the U.S. There are two main categories:
- Immediate Relatives of U.S. Citizens: This category includes spouses, children under 21, and parents of U.S. citizens. It has no annual visa cap, so wait times are generally shorter.
- Family Preference: This category includes non-immediate relatives of permanent residents and U.S. citizens (e.g., siblings, adult children, and their spouses). These visas are subject to annual limits, leading to longer wait times due to high demand and country quotas.
Application Process
The process typically begins when a citizen or permanent resident files Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS). This form confirms the family relationship, and upon approval, the case is transferred to the National Visa Center or prepared for adjustment of status if the beneficiary is already in the U.S. The family member then waits until a visa becomes available, which can take years, depending on their category and country of origin.
Current and Future Considerations
With the 2024 presidential election approaching, immigration policies could change significantly under Harris or Trump. Harris leans toward more family-friendly immigration policies, while Trump has previously sought to limit family-based immigration. This political context is essential for understanding the future of family-based immigration, as administrative changes can affect wait times and eligibility policies.
