The Nuclear Family Priority Act prioritizes immigration for spouses and children of U.S. citizens and permanent residents, sets limits on family-sponsored visas, and creates a new nonimmigrant visa for parents of adult U.S. citizens.
Jim Banks
Senator
IN
The Nuclear Family Priority Act prioritizes immigration for spouses and children of U.S. citizens and permanent residents by redefining "immediate relatives" to exclude parents, setting a new annual limit for family-sponsored immigrants, and creating a nonimmigrant visa for parents of adult U.S. citizens under specific conditions. The Act modifies family-sponsored visa categories and revises numerical limitations, allocating a majority of visas without per-country limits. It also establishes a W nonimmigrant visa for parents of adult U.S. citizens, requiring the citizen child to provide financial support and health insurance for the visa holder. The changes will take effect at the start of the second fiscal year after enactment, with immediate invalidation of certain pending family-sponsored petitions.
Proposed Bill Cuts Parent Green Cards, Slashes Family Visas, Creates New Temporary Parent Visa with Strict Financial Rules
This legislation, the Nuclear Family Priority Act, significantly reshapes how families can reunite in the U.S. It amends the Immigration and Nationality Act to remove parents of U.S. citizens from the 'immediate relative' category for green cards, drastically cuts the overall number of family-sponsored visas, and introduces a new temporary visa category for parents, but with some major catches.
Redefining Who Counts as 'Immediate Family'
Right now, U.S. citizens can sponsor their parents for green cards as 'immediate relatives,' a category without annual limits. Section 2 of this bill completely removes parents from this definition. This means adult U.S. citizens would no longer have a direct path to bring their parents here permanently under that classification. If you were planning on sponsoring your mom or dad for a green card soon, this bill slams that door shut.
Fewer Family Visas to Go Around
The bill doesn't just change who qualifies; it cuts how many family members can immigrate each year. Section 4 slashes the annual worldwide limit for all family-sponsored immigrants down to 88,000 (minus certain other categories). This is a sharp reduction from previous levels, meaning longer waits and fewer available slots for spouses and children of permanent residents, who are now the primary focus under the revised Section 3.
A New Temporary Option: The 'Parent Visit' Visa (With Strings Attached)
So, what about parents? Section 6 creates a new temporary, nonimmigrant 'W' visa specifically for parents of U.S. citizens (who must be over 21). Sounds okay, right? But here's the fine print:
- Temporary Stay: It's initially for 5 years, though potentially renewable.
- No Work Allowed: Parents on this visa cannot legally work in the U.S.
- No Public Benefits: They are barred from receiving any federal, state, or local public benefits.
- You Pay: The U.S. citizen child is explicitly designated as financially responsible for their parent. Crucially, the citizen must prove they've arranged and paid for private health insurance for their parent for the entire duration of their stay before the visa is even issued. This puts a significant financial burden squarely on the shoulders of the adult child.
Pulling the Rug Out: Pending Cases Tossed
Adding insult to injury for some, Section 7 states that any family-sponsored petitions filed after this bill's introduction date for categories being eliminated (like parents as immediate relatives) are immediately invalid once the act becomes effective. The same goes for visa applications based on those petitions. If you recently started the process based on the current rules, this bill could retroactively cancel your efforts and application fees, leaving families in limbo.