Speech #910126409

This preference category is so oversubscribed in italy that the backlog for that country is approximately 10 years. The backlog in the Philippines is approximately 1 year. Moreover. it is estimated that Poland and Portugal. and possibly other European nations. would be oversubscribed. especially if the governments would relax restrictive policies regarding the issuance of exit visas. The bill would refine the definition of persons eligible for fifth preference visas by limiting the fifth preference to unmarried brothers and sisters of U.S. citizens. Both the first and second preferences are limited to unmarried persons. The fifth preference can only be kept current by limiting its applicability. Moreover. a married brother or sister generally has his own family. Such an individual certainly does not have as strong a claim to immigration for the purpose of family reunity as does an unmarried brother or sister who usually plans to live with the U.S. citizen brother or sister. The bill would grant special immigrant status to all fifth preference applicants whose petitions for admission were filed prior to January 1. 1969. Special immigrants would not be charged to any numerical ceiling. The Department of State estimates that such a provision could result in approximately 50.000 to 70.000 aliens becoming special immigrants. The special immigrant provision would apply to all applicants regardless of whether they were married or unmarried. Fifth preference applicants with priority dates falling between January 1. 1969. and the effective date of the act. which changes the definition for the fifth preference. would be treated as falling under the current definition. Although married brothers or sisters with dates in this period would not be eligible for special immigrant status. they would be eligible for visas under the fifth preference. Restriction of the fifth preference to unmarried brothers and sisters of U.S. citizens would result in a decreased demand for fifth preference numbers. This is particularly true since the spouse and children of a permanent resident. who is accorded permanent residence as a result of a fifth preference petition. are also attributed to the fifth preference if accompanying or following to join the principal alien.