"Reuniting Families Act" introduced by Sen. Menendez (D-NJ)

On September 18, 2008, Senator Menendez (D-NJ) and Representative Honda (D-CA) introduced the "Reuniting Families Act (S. 3514)" which reduces family and employment immigration backlogs, by recapturing the unused employment-based visas and family-sponsored visas from fiscal years 1992-2007. The Act establishes that for future fiscal years, unused visa numbers will “roll over” to the next fiscal year.

One of the most important provisions of the Act, is that it reclassifies the following individuals as “immediate relatives,” to promote efficient reunification of families: 1) derivative spouse, parent or child accompanying or following to join a U.S. citizen; 2) spouses and children of lawful permanent residents; 3) spouse of a deceased U.S. citizen or lawful permanent resident and 4) parents or children of a deceased U.S. citizen or lawful permanent resident if the petition was filed within two years of the death or before the minor turns 21. As immediate relative, the beneficiary of a family-based petition will not be subject to the cap backlogs, and will be eligible to file his/her case immediately.