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FASTER WAYS TO BE REUNITED WITH YOUR FAMILY - Part I
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
My husband is a green card holder, and is
in the U.S. 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 U.S.?
Very truly yours,
S.C.
Dear S.C.
There are two main ways by which a person can immigrate
to the U.S. (or get a green card). (1) Family Petition; and (2)
Employer's Petition.
FAMILY PETITIONS
With respect to 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,
or heartaches may be.
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
U.S. citizen), and you would then be immediately eligible for
a visa.
Some people want to wait to become citizens before
petitioning their spouse. I would recommend that they file the
petition in the F-2A category (green card spouse petitioning spouse),
since in most instances, the priority date in the F-2A category
would become current long 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 U.S.
too long, or have a criminal conviction, etc.).
It is important to analyze the type of petition
under which your husband immigrated. For example, if your husband
was petitioned by a U.S. citizen parent or sibling, or by an employer,
you could have been 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 law grows and changes 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.
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