Faster ways to be reunited with your family (Part I)

Dear Atty. Gurfinkel:

My husband is a green card holder, and is in the US. He has filed a petition for me and our kids, but it will take many years before we can get our visas. It’s very hard for us to be away from each other, and our children miss their father. What is the fastest way to be with him in the US?

Very truly yours,

S.C.

Dear S.C.,

There are two main ways by which a person can immigrate to the US (or get a green card). (1) Family Petition; and (2) Employer’s Petition.

Family petitions

You are correct that it could take several years in order for the priority date on your husband’s F-2A petition (spouse, minor children of green card holder) to become current. Unfortunately, there is no provision in immigration law which would allow processing of an immigrant visa out of turn, no matter what the circumstances – emergencies, heartaches, etc.

However, once your husband becomes eligible for citizenship (by being a green card holder for five years, etc.), he can apply for citizenship. When his citizenship is granted, the existing F-2A petition could be upgraded (or converted), to "immediate relative" (wife and children [below 21] of US citizen), and you would then be immediately eligible for a visa.

Some people want to wait to become citizens before petitioning their family. I would recommend that they file the petition in the F-2A category (green card spouse petitioning spouse), since in many instances, the priority date in the F-2A category may become current before a petitioner becomes eligible for citizenship. Or, in some cases, a petitioner may not be eligible to apply for citizenship (i.e. because they were outside the US too long, or have a criminal conviction, etc.).

It is also important to analyze the type of petition under which your husband immigrated. For example, if your husband was petitioned by a US citizen parent or sibling, or by an employer, you and your children may be included for a visa, as his derivative spouse (if you were married to him at the time he received his visa). Also, if your husband was petitioned by an immigrant parent (and he truly was single), then your children (who would have been illegitimate) could have also received visas, along with your husband. The immigration laws change so fast that your best step is to seek the advice of a reputable attorney, who can analyze your situation, to let you know if you meet the requirements of these types of immigration benefits.

In a future article, I will discuss employer petitions as a way to unite families.

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ERRATUM: In last Sunday’s January 2007 priority dates chart, the Fourth Preference date of June 1, 1984 should be July 1, 1984.