Bring your Children to the U.S. ASAP
by Michael J. Gurfinkel

Dear Attorney Gurfinkel:

My husband and I were able to get our green cards in the U.S. We still have our children in the Philippines, and were thinking about filing petitions for them in a few years, in order to give them a chance to finish their education in the Philippines.

Is there a problem if we wait a few years before bringing our children to the U.S. as green card holders?                                   

Very truly yours,
DC

Dear DC:
I advise people that if a green card is available, grab it now, and don’t put off petitioning family members to come to the U.S., regardless of the reason, (such as finishing school, or it’s “cheaper” to raise the kids in the Philippines, or now is not the time, etc.). You never know what may happen in the future if you delay. For example:

• You may have married a U.S. citizen while your children were under 18 years of age. Therefore, your American citizen spouse could petition your children without having to adopt them. Suppose something happens to your American citizen spouse in the meantime? Maybe he has a heart attack and dies before he petitions you kids. Maybe he divorces you, without ever having petitioned the kids. So, whereas you may have had the opportunity to bring your children in (had you acted immediately), that opportunity may be lost or delayed.

• I have come across so many cases where the parents had the opportunity to petition the kids, but waited until just before the child’s 21st birthday.  Because of delays, lack of proper documents, and other mishaps, the child may have “aged out” by turning 21, and the Child Status Protection Act (CSPA) may not apply to his case. Whereas the parents had many years to bring the child to the U.S., now the kid is left behind.

• Depending on the way that you got your green card, it could be possible that your child is included under your initial petition (whether you were petitioned by your parent, brother or sister, employer, etc.). Thus, it would not be necessary for you to file a new family petition for you child.

Even if you want your child to finish schooling in the Philippines, you should bring the child to the U.S as an immigrant now. Anyway, you can always send your child back to the Philippines on a re-entry permit, which would allow him to stay outside the U.S. for just under 2 years at a time. So, he would have his green card in hand, but still be able to complete his studies.

The bottom line is that if a green card is available for your child, don’t put it off. Get the green card now, before something happens, and the green card may not be available in the future.

That is why it is important that you seek the advice of a reputable attorney who can analyze your situation and advise you on your options, and the best course of action.

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