Migrating to the US can sometimes be not quite straightfoward. You might face many challenges and changes making the process tedious. In this blog let’s look at two of the most pressing issues of US immigration.
If you’ve been trying to migrate to the US, you must’ve realised that the evolving immigration system often bring in new challenges and regulatory issues. So there have been two uprising issues recently, and they are the following:
- There is an immense backlog of employment-based green card applications.
- The importance of on-time marriage according to the K1 Visa program.
What’s The K1 Visa?
The K1 Visa, also known as the fiance visa is the route for US citizens’ fiances to enter the country and with the intention of get married.
Through this visa, a single entry into the country is granted to the fiancee. The condition for this visa is both parties must come into marriage within 90 days of their admission.
So it is crucial to keep the terms in mind and not forget them in between the excitement and fun of the joyous event.
What Happens if The Marriage is Delayed?
If a couple delays their marriage even after the 90 day time period, the immigrant fiance will have to leave the country.
The status of a K1 non-immigrant will only be able to adjusted if the marriage took place within 90 days after the entry. An important to be noted is that if the K1 non-immigrant marries a different US citizen, it won’t provide the K1 non-immigrant the right to stay in the US or to apply for a green card.
What Are Options After the 90-Day Period?
In the situation where the marriage takes place after 90 days, the non-immigrant still has the chance to acquire a green card.
Along with the application for a Green Card, the US citizen must also submit an I-130 petition for their spouse.
The Employment-Based Green Card Backlog
According to an US think tank – Cato Institute, a massive backlog of 1.8 million employment-based green card cases has been recorded. There are many reasons behind this backlog, this includes:
- Annual quotes
- Administrative processing delays
Skilled immigrants have been facing years of waiting while going through the stress of uncertain futures and visa expiration issues.
What Impact Has This Made On Indian Nationals?
There has been a record of 1.1 million backlog cases for Indian nationals because of the per-country cap. New Indian applicants encounter a lifelong wait, with an estimation of more than 400,000 to pass away before obtaining their green cards.
This surely shows how the US immigration can be challenging for immigrants. So, if you’re planning to migrate, make sure that you’re up-to-date and well-informed of the latest US immigration changes and their complexities.
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