Kevin Keane

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Home All FAQs Green Cards Quota System
The Green Card quota system
Immigration law strictly limits the number of Green Cards issued each year. This explains how the quota system works.

How can I find out when I qualify for a Green Card?

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First, you need to find out what your Priority Date is. Usually, this date is the day your I-130 was filed (in the family-based categories), or the date your Labor Certification was filed (in the employment-based categories).

You need to get a copy of Department of State's Visa Bulletin. Look up your category and your country of birth. The date you will find in the table on this document is known as the Current Priority Date. You are eligible if your Priority Date is earlier than the current priority date.

The visa bulletin is updated once a month. Do be aware that the dates do NOT necessarily change by one month every month. In fact, they usually don't. Quite frequently, the current priority date only moves by one week or less at a time, or in some cases it even retrogresses (moves backwards in time!)

Last Updated on Thursday, 10 June 2010 12:07
 

I qualify in one of the categories. Does that mean I can get a Green Card?

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Unfortunately, no. It means that you are eligible to get in line to apply for one. Depending on the category, the wait ranges from two or three years to well over twenty years - and by the time you qualify, the time may well have increased considerably. Sometimes, the backlogs double or triple with very short notice. A few employment-based categories are "current" meaning that you can indeed get a Green Card immediately as soon as the paperwork is completed (the paperwork itself can take several years, though).
 

What are the categories?

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The categories group candidates for permanent residency by the reason they would immigrate (that is, by the relationship to the person who sponsors them).

There are three broad groups: immediate relatives, family-based immigrants and employment-based immigrants. In addition, there are special quota systems for other purposes that are not covered here, such as the DV lottery, asylum quotas and quotas for Green Cards through cancellation of removal.

Immediate relatives can always receive a Green Card without any numeric limitation. To qualify, you have to be either the spouse or unmarried minor child (under 21) of a US citizen, or you have to be a parent of a US citizen, AND the US citizen child must be 21 years or older.

Family-based immigration categories have a limit of 226,000 annually.

  • Family 1st: unmarried sons and daughters of US citizens, any age. Since minor unmarried sons and daughters are immediate relatives, this in practice only applies to adults. The number is limited to 23,400.
  • Family 2nd: dependents of Green Card holders. This group is further subdivided into Family 2A (spouses and minor children) and Family 2B ( unmarried adult children). The number is limited to 114,200 (but this limit can be broken in certain cases). Of this number, 77% goes to Family 2A and 23% goes to Family 2B. In addition, Family 2A is partially exempt from the per-country quota.
  • Family 3rd: married sons and daughters of US citizens, any age. Note that there is no corresponding category for Green Card holders! The limit is 23,400
  • Family 4th: brothers and sisters of US citizens. The limit is 65,000.

The employment-based categories are covered elsewhere in this FAQ.

 

What is the Quota System?

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The quota system is designed to ensure that only a certain number of non-citizens become legal permanent residents (that is, get a Green Card) every year.

The quota system does NOT control how many people can have a Green Card at any one time, only the number of new Green Cards is affected.

The quota system also does not determine how many non-citizen people be in the USA at any one time; it does not count non-immigrants, and also ignores Green Card holders who leave the USA.

 


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