In December, the House passed a version of the Build Back Better act that reforms family-based immigration waivers. The act will now go to the Senate for final approval.
Learn how Build Back Better could improve the waiver process for your family if it becomes law.
New adjustment of status requirements
Under the new law, family-based applications for adjustment of status could apply right away. You must pay a fee of $1,500 along with $250 for each additional dependent. Currently, you must wait for a visa to become available in your category before applying for an adjustment of status.
New waiver program
The House-approved version of Build Back Better also includes a new waiver program. It would waive numerical visa limits for those who have already applied for an adjustment of status and have an assigned priority date at least two years before the waiver application date. The supplemental fee for the new waiver is $2,500.
To qualify for a new family-based waiver under the proposed program, the applicant must be:
- The spouse or unmarried child of a lawful permanent resident
- The sibling, married or unmarried child, or immediate relative of a U.S. citizen
Regardless of the relationship, your family must have an approved I-130 petition to request a waiver. This form, Petition for Alien Relative, confirms your support of an immigrating family member.
The Senate can negotiate changes to the Build Back Better act before it becomes law. News sources expect a final decision on the current version of the bill, including immigration changes, before the end of the year.