Are There Quotas for Family Based Visas to the United States

03 Oct 2017

So the next question, yeah I’ll do this one. Abigail asks, “Do they really have a cap per year for visa applications?” This is a good question. Prominently what we do at RapidVisa with family based visa’s. If you’re a US citizen sponsoring someone, the answer is no there is no per-cap. You get to cut the line, you’re a priority as the US citizen. If you’re a green card holder maybe petitioning for a child or a spouse, then you start playing with a little bit longer timelines, there could be a cap. I don’t know the numbers off the top of my head but we could definitely get back to you on that.

Yeah, that’s right. If you’re in the first priority category, if it’s a minor child, a spouse, a parent, these are non-quota visa so there is no limit. But once you go beyond that into adult children, adult …

Brothers and sisters.

Siblings, then there can be waits that can be up to 18, 19 years depending on the country and there is a quota per country. Basically the more demand there is from a country, the more they’re going to cap it. I think the overwriting policy when this was put in place was to try to even out of encourage applicants from lower immigrant countries, so if you’re a country like China or certainly Philippines for instance, you’re going to have much longer wait for visa than someone say from a smaller country that is not sending a lot of people to the United States.

But again if it’s a minor child, a spouse, or a parent, there are no waits, there’s certainly a wait to get through the process, but that’s typically going to be less than a year and you’re not on a waiting list, you’re just waiting to get through the administrative process.

And to answer that broadly, I’ll just say, other types of visas do have caps, but prominently what we do at RapidVisa is sponsoring family members.

That’s right, there’s certainly caps for H1B for instance, but that’s out of our expertise, we don’t deal with those.

 

 

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