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Proposed Legislation to Move to a Merit Based Immigration System

In a move to change the way the immigration system currently works in the United States, there is a proposed legislation that would move immigration towards a more merit or skill based immigration system. If this law were to pass, it would drastically change the way some family members are able to immigrate to the United States.

Under the current immigration system, a U.S. citizen or lawful permanent resident can apply for his or her family members to immigrate to the U.S. and live as permanent residents with a path to citizenship. U.S. citizens can sponsor certain family members that lawful permanent residents cannot. Under the current system, immediate and extended family members can immigrate to the U.S. as long as a qualifying family member who is a U.S. citizen or permanent resident sponsors their applications.

Under the proposed legislation, immigration based on family ties would be sharply restricted, with only spouses and minor children being allowed to immigrate through an application based on their relationship to a U.S. citizen or permanent resident. This would mean that a U.S. resident’s parents, adult children, and siblings would be restricted to immigration through a merit based system.

A merit based system would focus on an immigrant’s ability to work in the U.S. and in skilled positions. Similar merit based systems are used in other countries, such as Canada and Australia; however, it is not clear how closely the proposed system will resemble the systems used in those countries.

One issue of major concern is the proposal to give English speakers preference in the merits based system. This could affect a lot of immigrants who may have otherwise been able to immigrate to the U.S., especially if this policy is used to restrict applicants who do not speak English fluently. A merit based system would also look at a person’s education and job experience and rank him or her based on that, giving preference to more educated professionals than people with less education or job experience.

The law would also eliminate the diversity visa lottery program and reduce the number of refugees the U.S. accepts annually.

The proposed law has already met criticism, including concerns that it could dramatically affect the country’s economy. The law would cut down immigration numbers by half, and because immigrants contribute significantly to the economy, there will definitely be an economic impact to the law’s passage.

The proposed legislation is in its early stages and is not yet the law. If you are a U.S. citizen or lawful permanent resident seeking to sponsor your parents or siblings for residency in the U.S., you can still do that under the current law. Unfortunately, applications for these groups of relatives may take a long time to be processed, and especially in the case of sibling applications, could take years to finalize.

Contact Us for Legal Assistance

If you are a U.S. resident and would like more information on how you can sponsor an application for a parent or a sibling or another eligible relative, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.


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