 |
 |
HOW CAN I BRING MY FAMILY TO THE U.S. LEGALLY?
by Michael J. Gurfinkel, Esq.
Dear Atty Gurfinkel:
I am in the U.S., having left behind my children,
in the hopes of making a better life for all of us. Now that I'm
in the U.S., I want to be reunited with them, but don't know the
best way of doing that. I heard the best way is to wait until
I become a citizen, and then petition them. Is it true that citizenship
is the only (or fastest) way to bring a person's family to the
U.S.?
Very truly yours,
AG
Dear AG:
While becoming a citizen and then petitioning your
children is certainly one way to bring your children to the US,
there are other possible ways, which may be even faster.
Were your children included in your parent's
petition of you?
If a person is petitioned by his or her parent,
it is possible that the person's children (the grandchildren of
the petitioner) are included in that petition. This is true even
if the children are illegitimate. For example, if a U.S.
citizen or an immigrant parent petitions a single son or daughter,
who has an illegitimate child, the illegitimate child is eligible
to receive a visa along with the parent. If you did not include
your child at the time you got your visa, it could be possible,
in some cases, to "reopen" your parent's original petition
of you, and have visas issued for your children, even after many
years since you got your visa. This is called "following
to join".
If your children qualify as following to join, there
is no need for you to file a new petition for them, or wait to
become a citizen. You can avail of following to join, as long
as your children are still under 21, and if other requirements
are met.
Are your children included under your employer's
petition of you?
Many people who came to the US are able to legalize
their status through employer sponsorship called labor certification.
This is where an employer sponsors or petitions an alien for a
job. If the alien meets the requirements of section 245(i), the
alien is able to adjust status (be interviewed for a green card)
in the US, and does not need to return to his or her home country
for visa processing at the Embassy.
An employer's petition of a worker also includes
the worker's children and spouse. If you get a green card through
labor certification in the U.S., and your spouse or children are
still in the Philippines, it is possible to have your case thereafter
transferred to the Embassy, so that your family could be processed
for immigrant visas under your employer's petition of you. There
would be no need for you, after getting your green card, to petition
your family, or to wait to become a citizen. This is yet another
aspect of following to join. NOTE: if you want to include a spouse
as a following to join, you must be married to them BEFORE
you get your green card. However, if he or she is only your fianc¯(e),
and is in the Philippines, you may not be able to marry him before
getting your green card, because if your were out of status and
leave the U.S., even to marry, YOU may not be able to come back
for 10 years.
As you can see, there are several ways to bring
your family to the U.S. without the need to petition them or become
a citizen. I would advise a person to seek the advice of a reputable
attorney, who can analyze his situation, to determine if there
are other, faster, legal ways to bring his family to the U.S.
Back
to Main
|
|
|
