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Is It Easier for Certain Nationalities to Immigrate Into the U.S.?

Prior to the Immigration and Nationality Act of 1965, certain nationalities and ethnic groups enjoyed preferences related to admission and the process of establishing legal residence in the United States. The old immigrant quota system was prejudiced and easily corruptible. The visa system, on the other hand, was designed as part of the Great Society envisioned by President Lyndon B. Johnson.

There really is no preference set by the United States Citizenship and Immigration Services (USCIS) with regard to nationality and the immigration process. Such a provision would be against American principles. Instead, programs such as the green card lottery aim to promote diversity. Nonetheless, some visas are harder to obtain from certain countries due to various reasons.

First of all, non-immigrant visas are subject to abuse. If the USCIS notices that tourists and business visitors from certain countries are choosing to stay in the U.S. instead of returning to their countries of origin as they pledged, the consulate abroad may develop stricter criteria for visa issuance.

Bureaucracy and government efficiency are factors that could make the immigration process more difficult for certain foreigners. To this effect, think about all the documents required from immigrants who submit I-130 petitions. Countries of origin known for their poor record keeping and stifling bureaucracy tend to slow down their own citizens who seek legal residency in the U.S.

It is easier for immigrants in certain visa categories to achieve U.S. residency. For example, the current family-sponsored preferences observed by the USCIS are for the young, unmarried children and spouses of U.S. citizens to be processed first. These immigrants are immediately eligible for visas. They are followed by the young, unmarried children and spouses of lawful residents, who are respectively followed married children as well as siblings.

In the case of employment-based immigration, highly educated and skilled workers who are not from nations that provide high numbers of H-1B visas have somewhat of a preference over workers from China, India, Mexico, and the Philippines who only have a bachelor’s degree.

Learn more about immigration from green card attorneys in San Diego. Contact SK Visa Law at (858) 874-0711 today to speak with an experienced immigration attorney.

April 2024