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Non-Numerically and Numerically Limited Visas

Section 201 of the Immigration and Nationality Act (INA) sets an annual maximum limit on family-sponsored preference visas.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits.
 
Under U.S. Immigration law, certain eligible immigrants to the United States are further divided into non-numerically limited and numerically limited categories:
 
1. Non-numerically Limited Immigrants
: are those who may obtain legal permanent residence status without numerical limitation.
 
        Two categories of applicants may fall under this category: 

a. Immediate Relatives of United States Citizens are defined as the spouse and minor (under twenty-one) unmarried children of a United States citizen, or the parent of a United States citizen who is over the age of twenty-one.


b. Returning Residents are defined as Immigrants who have lived in the United States previously as lawful permanent residents and are returning to their unrelinquished residence in the United States after a temporary visit or more than one year abroad.


2. Numerically Limited Immigrants
are those who are restricted by an annual limitation on the number of persons who may enter as permanent resident.

Categories of numerically limited immigrants: Beginning in 1995, subject to certain transitory laws, total immigration into the United States will be limited to 675,000 people per year.  However, this figure has been divided into four distinct categories

A.      Family Sponsored 

i. First Preference: Unmarried sons and daughters of U.S. citizens, and their children.
 
ii. Second Preference:
Spouses, minor children, and unmarried sons and daughters (over the age of 20) of a lawful permanent resident alien.
 
iii. Third Preference:
Married sons and daughters of U.S. citizens, and their spouses and children.

iv. Fourth Preference: Brothers and sisters (21 years of age or older) of U.S. citizens, along with the petitioner.

In addition to the numerical limitations for each category of immigrant visa described above, there are limits on various sub-preferences, as well as limits on the number of immigrant visas per year, which can be issued to natives of any single country.  Some of these numerical limits are based on formulas, which change in relationship to each other, so that it is not possible to state a specific figure for each sub-category. 

Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached.  The filing date of a petition becomes the applicant’s priority date.  Immigrant visas cannot be issued until an applicant’s priority date is reached.  In certain heavily oversubscribed categories, there may be a waiting period of many years before a priority date is reached.


Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them.  An immigrant visa is valid for six (6) months from the date of issuance.

For more information on Immigrant Visas please click here.

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