Annual Flow Report. of persons who became LPRs in the United States during 2007.
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1 Annual Flow Report MARCH 008 U.S. Legal Permanent Residents: 007 KELLy JEffERyS AND RANDALL MONGER A legal permanent resident (LPR) or green card recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United States. Permanent resident status confers certain rights and responsibilities. For example, LPRs may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities. They may also join certain branches of the Armed Forces, and apply to become U.S. citizens if they meet certain eligibility requirements. This Office of Immigration Statistics Annual Flow Report presents information obtained from applications for LPR status on the number and characteristics of persons who became LPRs in the United States during 007. In 007, a total of persons became LPRs of the United States (see Table and Figure ). The majority of new LPRs (59 percent) already lived in the United States when they were granted lawful permanent residence. Two-thirds were granted permanent residence based on a family relationship with a U.S. citizen or legal permanent resident of the United States. The leading countries of birth of new LPRs were Mexico (4 percent), China (7 percent) and the Philippines (7 percent). THE LEGAL IMMIGRATION PROCESS Admission Priorities The Immigration and Nationality Act (INA) and its amendments are the basis for most immigration laws in effect today. U.S. law gives priority for immigration status to foreign nationals who have a close family relationship with a U.S. citizen or LPR, who have needed job skills, who are from countries with relatively low levels of immigration to the United States, or who have refugee or asylee status. Preference Immigration and Diversity Limits The term preference has been used in immigration law to designate priority categories for LPR status. As specified by the Immigration Act of 990, an annual limit of between 46,000 and 675,000 currently exists for family-sponsored preference, employment preference, and diversity immigrants. Family-sponsored preferences consist of four categories: unmarried sons and daughters of U.S. citizens and their children; spouses, children, and unmarried sons and daughters of lawful permanent residents and their children; married sons and daughters of U.S. citizens and their spouses and children; and brothers and sisters of U.S. citizens aged and over, and their spouses and children. The annual limit for family-sponsored preferences ranges from 6,000 to 480,000. (See Appendix for more details on the limit calculations). Employment preferences consist of five categories of workers (and their spouses and children): priority workers; professionals with advanced degrees or aliens of exceptional ability; skilled workers, professionals Figure. LPR Flow to the United States: 900 to 007 Millions Source: U.S. Department of Homeland Security In this report, years refer to fiscal years (October to September 0). Office of Immigration Statistics POLICy DIRECTORATE
2 (without advanced degrees), and needed unskilled workers; special immigrants (e.g., ministers, religious workers, and employees of the U.S. government abroad); and employment creation immigrants or investors. The employment preference limit is equal to 40,000 plus any unused family preferences from the previous year. Table. Legal Permanent Resident flow: fiscal years 005 to 007 Category of Admission Total ,66,9,,57 New arrivals... 4, , , Adjustments of status... 6, , , Diversity immigrants are nationals of countries with low rates of legal immigration to the United States. The annual Diversity limit has been 50,000 since 999. Nationals of countries with more than 50,000 numerically limited admissions during the preceding five years are excluded from participating in the Diversity Program. The Office of Immigration Statistics (OIS) calculates Diversity limits for six broad world regions using data collected by U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS). The limits are calculated annually using a formula based on immigrant admissions during the preceding five years and the population total of the region. The maximum limit per country is,850. In 007, the limit on preference immigration was 7,48; including 6,000 for family-sponsored preferences and 47,48 for employment preferences (see Appendix ). In addition, there are per-country and dependent area limits equal to 7 percent and percent, respectively, of the total number of family-sponsored and employment preferences. In 007, the per-country limit was 6,0 and the dependent area limit was 7,46. Immediate Relatives of U.S. Citizens Some LPR admission categories are exempt from the annual numeric limits for preference and diversity immigration. The largest category numerically is immediate relatives (spouses and children of U.S. citizens and parents of adult U.S. citizens aged and over). Immediate relatives of U.S. citizens typically account for 40 percent or more of the annual LPR flow and, when combined with familysponsored preferences, are referred to as family-sponsored immigrants. Refugees and Asylees Refugees and asylees who adjust to LPR status are exempt from preference and diversity annual numerical limits. The number of persons who may be admitted to the United States as refugees each year is established by the President in consultation with Congress. The ceiling on refugee admissions was set at 70,000 each year from 00 to 007. There is no numerical limit on the number of persons who can be granted asylum status in a year. Refugees are eligible to adjust to legal permanent resident status after one year of residence in the United States. Asylees must also wait one year after they are granted asylum to apply for lawful permanent residence. Until 005, an annual limit of 0,000 existed on the number of persons authorized to adjust status under the major classes of admission for asylees. The REAL ID Act eliminated that cap. Source: U.S. Department of Homeland Security, Computer Linked Applicant Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. Other Admission Categories The remaining admission categories usually account for less than 0 percent of the annual LPR flow. These categories tend to be limited to certain foreign nationals admitted under special legislation. Paths to LPR Status There are two paths to LPR status depending on whether the applicant is living in the United States or another country at the time of application. Foreign nationals living abroad apply for an immigrant visa at a consular office of the Department of State. Once issued a visa, they may enter the United States and become LPRs when they are admitted at a port of entry. Persons who qualify for legal permanent resident status who are living in the United States, including refugees, certain temporary workers, foreign students, family members, and certain undocumented immigrants, file an application for adjustment of status to lawful permanent residence with USCIS. At the time they apply for adjustment of status, they may also apply for permission to work. Adjustment of status applicants are granted lawful permanent residence at the time their applications are approved. Eligibility for Naturalization Most legal permanent residents who are at least 8 years of age are eligible to apply for citizenship after meeting certain requirements. These requirements generally include 5 years of lawful permanent residency in the United States and successful completion of English language, civics and history tests. Legal immigrant children under 8 years of age may automatically acquire citizenship from their U.S. citizen parents. DATA The data presented in this report were obtained from the Computer Linked Application Information System (CLAIMS) of USCIS, which maintains information from the applications for lawful permanent resident status. The DS-0 Application for Immigrant Visa and Alien Registration of the Department of State is used by applicants living abroad. The I-485 Application to Register Permanent Residence or Adjust Status of USCIS is used by applicants living in the United States. Information collected on these applications includes: class of admission, date the decision was made to grant the applicant lawful permanent residence, country of birth, country of last residence, age, marital status, geographic residence, occupation, previous immigrant status and year of entry (for adjustments of status only).
3 Table. Legal Permanent Resident flow by Major Category of Admission: fiscal years 005 to 007 Category of Admission Total Family-sponsored immigrants Family-sponsored preferences Unmarried sons/daughters of U.S. citizens... Spouses and children of alien residents..... Married sons/daughters of U.S. citizens.... Siblings of U.S. citizens Immediate relatives of U.S. citizens Spouses Parents... Children... Employment-based preferences... Priority workers... Professionals with advanced degrees... Skilled workers, professionals, unskilled workers... Special immigrants Investors Diversity programs... Refugees and Asylees Refugee adjustments Asylee adjustments... Parolees ,80 94,900,858 86,5 0,6 65,80 494,90 74,58 6,74 0,88 6,76 6,697 44,6 85,00 5, ,7 6,5 54,94 8,8, ,66,9 80,577,9 5,4,05,49 6,55 580,48 9,84 0,44 0,064 59,08 6,960,9 89,9 9, ,47 6,454 99,609 6,845 4, ,,57 649,085,970 4,79 00,9,95 65,49 46,5 59,44 8, 94,858 46,877 64,7 4,597 9,070 0, 46 46,4 4,96,676 0,86 7, Other categories ,68.9 8,977. 9,84.6 Children born abroad to alien residents... NACARA Section 0... Cancellation of removal... Subject to annual limit Not subject to limit (NACARA Section 0)... Haitian Refugee Immigrant Fairness Act Other ,97,48,779,448, ,56,566 5,950,75 4, ,55 0,785 5,88 5,597,80 4, Since the late 990s, the annual LPR flow and its demographic composition have fluctuated because of application processing issues at USCIS, affecting the number of adjustment of status applications adjudicated. Therefore, caution should be exercised in drawing conclusions about the propensity to immigrate from the data presented in this report. Nicaraguan Adjustment and Central American Relief Act of 997. Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. RESULTS Legal immigration decreased 7 percent from,66,9 in 006 to in 007(see Table ). This decrease was due primarily to application processing issues at USCIS. The number of adjustment of status applications filed increased from 006 to 007, but the number pending a decision also increased. LPR adjustments of status decreased 4 percent from 89,48 in 006 to 6,047 in 007. Adjustments of status accounted for 59 percent of all LPRs in 007 compared to 65 percent in 006. The number of LPR new arrivals decreased by.5 percent from 446,88 in 006 to 4,68 in 007, but increased as an overall percentage of the LPR flow from 5 percent in 006 to 4 percent in 007. Historical Trends The annual LPR flow has exhibited an upward trend since World War II (see Figure ). The annual average LPR flow quadrupled from 50,000 during the 950s to just over one million during 000 to 007. Changes in immigration law associated with this increase include the elimination of country quotas controlling Eastern Hemisphere immigration, increases in annual limits for hemispheric and preference immigration and the inclusion of parents of adult U.S. citizens as numerically exempt immediate relatives. The spike in legal immigration around 990 reflects the legalization of.7 million undocumented immigrants under the Immigration Reform and Control Act (IRCA) of 986. Class of Admission The decrease in the LPR flow between 006 and 007 was concentrated among familysponsored immigrants, refugees and asylees (see Table ). The number of persons obtaining LPR status based on a family relationship decreased 4 percent from 80,577 in 006 to 689,80 in 007. However, the family-sponsored immigrants share of the total LPR flow increased from 6 percent in 006 to 66 percent in 007. Employment preferences, including principals and their dependents, represented 5 percent of the total LPR flow in 007, up from percent in 006. The LPR flow for employment preferences increased percent from 59,08 in 006 to 6,76 in 007, but was below the record of 46,877 set in 005. The large number of LPRs in the employment preferences in 005 was primarily st due to the American Competitiveness in the Century Act of 000 (AC). This Act resulted in the recapture of 0,07 unused employment-based visa numbers from 999 and 000 to be made available to first, second, and third preference employmentbased immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 005, none were used in 006, and 7, were used in 007. In addition, provisions of the REAL ID Act of 005 resulted in the recapture of 50,000 unused employment-based visas from 00 to 004, of which,950 were used in 005,,5 were used in 006, and 4,74 were used in 007. The number of
4 employment-based LPRs for 007 includes 0,849 recaptured REAL ID visas. The majority of these visas were issued to individuals whose country of origin was the Philippines (64 percent) or India ( percent). As a result of the use of additional visas recaptured by provisions of the AC and the REAL ID Act, the number of employment-based preferences in 007 was greater than the annual limit of 47,48. The refugee and asylee LPR flow decreased 7 percent from 6,454 in 006 to 6,5 in 007. Asylee adjustments had increased 86 percent from 0,86 in 005 to 6,845 in 006 due to the elimination of the 0,000 annual limit by the REAL ID Act. The asylee LPR flow decreased 0 percent from 6,845 in 006 to 8,8 in 007 as the number of applications pending a decision decreased. The refugee LPR flow declined 45 percent from 006 to 007 partly due to a decrease in the number of refugee arrivals since 00 and a significant decline in the number of Cuban refugee adjustments of status. Diversity immigrants accounted for 4 percent (4,7) of new LPRs in 007. The annual number of LPRs admitted under the Diversity program has decreased each year since 004. Region and Country of Birth The leading regions of birth of persons becoming LPRs in 007 were Asia (6 percent) and North America ( percent) (see Table ). The percentage of new LPRs born in Asia increased from percent in 006 to 6 percent in 007. Together, Asia and North America accounted for approximately two-thirds of the LPR flow each year from 004 to 007. In 007, 4 percent of all persons becoming LPRs were born in Mexico. The second leading country of birth was China (7. percent), followed by the Philippines (6.9 percent), India (6. percent), Colombia (. percent), Haiti (.9 percent), Cuba ( percent), Vietnam (.7 percent), the Dominican Republic (.7 percent), and Korea (. percent). These 0 countries accounted for 5 percent of all new LPRs in 007. Among the top 0 countries of birth, only Haiti and India showed an increase in the number of persons becoming LPRs from 006 to 007. The increase in the number of new LPRs born in Haiti was concentrated among family-sponsored preferences and immediate relatives of U.S. citizens. In India, the increase was associated with higher use of the employment-based third preference. Table. Legal Permanent Resident flow by Region and Country of Birth: fiscal years 005 to 007 Region/country of birth Total...,66,9,,57 REGION: Africa , , , Asia , , , Europe ,8.5 64, , North America Caribbean... 9,55 9,.. 44,075 46, ,56 08, Central America , , , Other North America.. Oceania... South America... Unknown... COUNTRy: 64,06 6,0 06,55, ,9 7,84 7,986, ,507 6,546 0,5 5, Mexico China, 48, , , People s Republic... Philippines... India... Colombia... Haiti Cuba... 76,655 7,596 65,5,87 0,405 9, ,07 74,606 6,69 4,44,6 45, ,9 60,746 84,680 5,566 4,54 6, Vietnam... Dominican Republic.... Korea El Salvador Jamaica... Guatemala... Peru Canada... United Kingdom... Brazil... Pakistan Ethiopia... 8,69 8,04,405,7 9,75 7,908 7,699 5,495 4,545 4,95,49, ,69 8,068 4,86,78 4,976 4,,78 8,07 7,07 7,90 7,48 6, ,784 7,50 6,56,59 8,45 6,88 5,676,878 9,800 6,66 4,96 0, Nigeria ,448.,459. 0, All other countries , , ,6 7.0 Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. Table 4. Legal Permanent Resident flow by State of Residence: fiscal years 005 to 007 State of residence Total... California... New York... Florida... 8,94 6,79 6,77.0,66,9 64,667 80,57 55, ,,57,04 6,85, Texas , , , New Jersey Illinois... Massachusetts Virginia Georgia... Maryland... Other... 55,84 4,97 0,555 9,68 7,5 4,55 7, ,9 5,45 5,558 8,48,0 0,99, ,76 5,45 4, 7,095,57,868 0, Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to
5 Table 5. Legal Permanent Resident flow by Metropolitan Area of Residence: fiscal years 005 to 007 Metropolitan areas of residence Total ,66,9,,57 New York-Northern New Jersey-Long Island, NY-NJ-PA... 75, , , Los Angeles-Long Beach-Santa Ana, CA Miami-Fort Lauderdale-Pompano Beach, FL... Washington-Arlington-Alexandria-Rockville, DC-VA-MD-WV... Chicago-Naperville-Joliet, IL-IN-WI... San Francisco-Oakland-Fremont, CA... Houston-Sugar Land-Baytown, TX... 95,4 78,7 40,698 9,504 5,65 6, ,88 98,98 54,549 49,748 8,48, ,4 79,558 7,46 49,05,876 4, Boston-Cambridge-Quincy, MA-NH ,679. 8,469. 7,5 Dallas-Fort Worth-Arlington, TX... Atlanta-Sandy Springs-Marietta, GA Other...,7, , ,69 5,70 567, ,96 5,47 55, Total Under 5 years to 4 years... 5 to 4 years... 5 to 4 years... 5 to 44 years to 54 years to 64 years... 9,9 8,889 9,65 57,5 99,64,77 7, ,66,9 45,49 46,048,97,0 44,575 8,494 8, ,,57 4,7,85 95,776 95,68 5,049 7,66 6, years and over... Unknown age... Median age (years)... 58, , , Table 7. Legal Permanent Resident flow by Gender: fiscal years 005 to 007 Gender Total Male... Female Unknown... 47,77 58, ,66,9 56,99 70, ,,57 509,068 6, Table 8. Legal Permanent Resident flow by Marital Status: fiscal years 005 to 007 Marital Status Total Single Married... Other... Unknown... 87,5 60,4 50,8 4, ,66,9 470,58 70,7 58,06 7, ,,57 4,9 650,89 45,594 4, Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. Note: Metropolitan areas defined based on Core-based Statistical Areas (CBSAs). Table 6. Legal Permanent Resident flow by Age: fiscal years 005 to 007 Age Figure rounds to. Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. Figure rounds to. Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. Source: U.S. Department of Homeland Security, Computer Linked Application Information Management System (CLAIMS), Legal Immigrant Data, Fiscal Years 005 to 007. State and Metropolitan Area of Residence California was the state of residence of more than one-fifth ( percent) of persons gaining LPR status in 007 (see Table 4). Other leading states of residence included New York ( percent), Florida ( p e r c e n t ), Te x a s (7. percent), New Jersey, (5. percent), and Illinois (4 percent). These six states represented the residence of 6 percent of new LPRs in 007. The top 0 states of residence (which also included Massachusetts, Virginia, Georgia, and Maryland) accounted for the residence of 74 percent of new LPRs. The leading metropolitan areas of residence for new LPRs in 007 were New York-Northern New Jersey- Long Island, NY-NJ-PA (7 percent) and Los Angeles- Long Beach-Santa Ana, CA (9. percent) (see Table 5). Other prominent locations included Miami-Fort Lauderdale-Pompano Beach, FL, Washington-Arlington- Alexandria-Rockville, DC-VA-MD-WV, and Chicago- Naperville-Joliet, IL-IN-WI. These five metropolitan areas accounted for the residence of 4 percent of new LPRs in 007. Age, Gender, and Marital Status LPRs have historically been younger than the native population of the United States. In 007, the median age for persons becoming LPRs was years, compared to years from 004 to 006 (see Table 6). In contrast, the median age of the U.S. native population was 4 years. New LPRs are more likely to be female than the native U.S. population. In 007, females accounted for 55 percent of new LPRs (see Table 7) compared with 5 percent for the U.S. native population. The majority (58 percent) of new LPRs were married (see Table 8) compared with 40 percent of the native population. Beginning in 005, the Office of Immigration Statistics (OIS) redefined metropolitan areas (Primary Metropolitan Statistical Areas), to conform with new standards issued by the U.S. Office of Management and Budget for core-based statistical areas (CBSAs). See Federal Register, Vol. 65, No. 49, Wednesday /7/000, available at The most current CBSA definitions are available from OMB at omb/inforeg/statpolicy.html#fs. Calculated from the March 007 Current Population Survey public use microdata file from the Bureau of the Census. 5
6 Appendix PREfERENCE IMMIGRATION LIMITS family-sponsored Preferences Limit The annual limit is calculated as 480,000 minus the number of aliens who were issued visas or who adjusted to LPR status in the previous fiscal year as ) immediate relatives of U.S. citizens, ) children born subsequent to the issuance of a visa to an accompanying parent, and ) children born abroad to lawful permanent residents on temporary trips abroad minus 4) certain categories of aliens paroled into the United States in the second preceding fiscal year plus 5) unused employment preferences in the preceding year. The family-sponsored preference limit may not fall below a minimum of 6,000 in any year. The number of legal permanent residents issued visas or who adjusted status in fiscal year 006 under categories to 4 above was 59,98. There were 0,6 unused employment preferences in 006. The calculated limit for family-sponsored preferences in 007 was -0,6 (480,000 minus 59,98 plus 0,6). Since this number was below 6,000, the family-sponsored preference limit was set at 6,000. The limit for each category is shown below (see Table A). 4 Table A. Annual Limits for Preference and Diversity Immigrants: fiscal year 007 Preference/description Employment Preference Limit The annual limit is equal to 40,000 plus unused family-sponsored preferences in the previous fiscal year. There were 7,48 unused family sponsored preferences in 006. The 007 employment preference limit was 47,48 (40,000 plus 7,48). The limit is 8.6 percent of the total for each of the first three employment preferences and 7. percent for the last two preferences. In 007, the number of employment-based preference immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 005 Family-sponsored preferences... First: Unmarried sons and daughters of U.S. citizens and their children... 6,000,400 Second: Spouses, children, and unmarried sons and daughters of permanent resident aliens... Third: Married sons and daughters of U.S. citizens Fourth: Brothers and sisters of U.S. citizens (at least years of age)... Employment-based preferences... First: Priority workers... Second: Professionals with advanced degrees or aliens of exceptional ability Third: Skilled workers, professionals, and needed unskilled workers... 4,00,400 65,000 47,48 4,084 4,084 4,084 Fourth: Special immigrants ,448 Fifth: Employment creation ( investors )... Diversity ,448 50,000 Plus unused family 4th preference visas. Visas not used in higher preferences may be used in these categories. Plus unused employment 4th and 5th preference visas. Source: U.S. Department of State. 4 The Bureau of Consular Affairs, U.S. Department of State, is responsible for determining these limits. See the monthly Visa Bulletin for more information on the limits ( visa/frvi/bulletin/bulletin_770.html). Limit that allowed the recapture of 50,000 unused employment-based visas (4,74 of these visas were used in 007) and provisions of the American Competitiveness in the st Century Act of 000 that permitted the recapture of 0,07 visas (7, of these visas were used in 007). Per-Country and Dependent Area Limits A limit of 7 percent of the total family-sponsored and employment preferences is set for independent countries, and a limit of percent is set for dependent areas. The 007 per-country limit for independent foreign states was 6,0 (7 percent of 7,48 or 6,000 plus 47,48) and the limit for dependencies was 7,46 ( percent of 7,48). Diversity Limits The annual limit for diversity visas was 50,000 in
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