Proposed changes In Family Immigration Bill

By Atty. Chris Caday Lozano

The U.S. Citizenship Act of 2021 submitted to Congress this month contains various proposals to change the U.S. Immigration law.  We will discuss this time the Family-Based Immigration. 

The most significant change would be Family members of U.S. citizens and green card holders would no longer be separated from their relatives in the U.S. having to wait abroad for years for their priority dates to become current. The number of family-based green cards would be significantly increased and per-country quotas would be expanded. 

1,       Family-based per-country quotas would be raised from 7% to 20% starting on October 1, 2021.

2.       Spouses and children would no longer be counted against numerical green card limits.

3.       Numbers of unused family-based green cards from 1992 to 2020 would be “recaptured”.

4.       The numerical cap on family-based green cards would be raised dramatically.

5.       Spouses and minor, unmarried children of green card holders would be treated as “immediate relatives” and not be subjected to numerical limitations.

Also significant is anyone with an approved visa petition who has been waiting in line for over 10 years for their priority date to become current would no longer be subject to numerical limits. They would be permitted to apply for a green card immediately.  This would become effective 60 days after the bill is signed into law.

In addition, it would permit “permanent partners” to sponsor and receive immigration benefits including adult couples who are unable to marry in their countries.

Also important is that Beneficiaries of approved family-based visa petitions (I-130s) would be allowed to join their family members and work in the U.S. in V visa status while they wait for their priority dates to become current.

While the bill is under discussion is Congress, there is a good chance of passing especially that the Congress is controlled by Democrats who sponsored the bill.  Let us support the amendments by calling your State Representative.

Note:  This is not a legal advice and presented for information only.


1.       For the month of January 2021, we received from USCIS approvals of two relative petitions, one fiancée visa petition, three removal of condition on residence petitions, and three naturalization applications.

2.       For the month of November and December 2020, we received approvals of four K-1 Fiancé visa, five green card applications and one I-601 Hardship waiver.   

3.       For the month of October 2020, we received from USCIS seven approvals of Family petitions, and one Removal of Condition on residence.      

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment