Grandfather’s delay results in disaster for grandchildren

I recently had a telephone consultation with two heartbroken grandchildren, who had to be left behind in the Philippines because of their grandfather’s delays over 20 years ago. I am not blaming the grandfather, but the lesson is you should not waste time “thinking about” filing a petition, but instead get up and do it!

The grandfather had been a US citizen since the 90’s. Finally, in July 2002, he filed a petition for his married child in the F-3 category. By the time the priority date on that petition was “current,” his grandchildren had aged out and did not qualify for benefits under the Child Status Protection Act (CSPA). What was heartbreaking was that had the grandfather filed that F-3 petition a mere one month earlier, his grandchildren would have been included under his petition and accompanied their parents to the US.

In this particular case, the problem was that around June 2021, the priority date for F-3 moved to June 8, 2002 and did not move forward a single day for almost three years. Every month, until May 2024, the priority date was stuck on June 8, 2002. In the meantime, the grandchildren were aging out. Had the grandfather (who had been a US citizen for many years) filed his petition even a day before June 8, 2002, then the priority date would have been current three years earlier (because it would not have been stuck at June 8, 2002 for three years) and those grandchildren would have qualified under the CSPA and joined their family.

I know many people have been US citizens or green card holders for years and are still “thinking about” filing a petition for a family member. This grandfather also probably spent time “thinking about” filing a petition, but the unexpected happened: the priority dates froze for three years. Of course he could not have foreseen that, but the purpose of planning is to deal with potential unforeseen items. Rather than thinking about filing, just file.

Even if the waiting time for a family petition is many years, you should still file, as the time will still go by anyway whether you file or not. In addition, maybe your family member could qualify for a green card through an employment-based petition, provided there is a real job, a financially stable employer, etc. Right now, it takes about four or five years, which would be faster than many family petitions. And it does not need to be a college-level job. Even caregivers and housekeepers are eligible for green cards. (Think about it: do you have an elderly parent who could use a caregiver? Do you own a care home and are short-staffed? Moreover, family members can legally petition other family members for an employment-based green card. So, what are you waiting for?)

If you have questions about ways in which to bring your family to the US, I would recommend you consult with an attorney who can evaluate your situation, discuss the options and get the case filed, so you will not feel guilty and sad like this grandfather, who delayed in filing for his family.

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