Dear Atty. Gurfinkel,
Years ago, I was petitioned by my US Citizen father. I have been waiting many years for my visa, but the priority date is still years away from being current. My father is now old and sickly, and I want to be able to join him and the rest of my family in the US as soon as possible. Is there any way that my case can be expedited, so that I can come to the US sooner?
Very truly yours,
R.J.
Dear R.J.
Unfortunately, immigrant visas are available on a “first come, first served” basis, and by law, no one is allowed to be processed for his or her visa “out of turn”. For family petitions, your “place in line” for a visa is established upon the filing of a petition. The filing date of a petition establishes the person’s “priority date”. Therefore, the longer a petitioner waits to file a petition, the longer it will take to establish a priority date (and the beneficiary’s place in line).
When a person asks that his or her case be “expedited,” what he is really asking is if he can “cut in front of the line”. To get a better picture of the situation, imagine that there is a long line outside the US Embassy of family members who are under petition. The line goes down Roxas Boulevard, up through Luneta, and your place in line (based on your priority date) is at the viewing stands. At the front of the line are those beneficiaries with “current” priority dates. Now imagine tapping on the shoulder of the person at the front of the line and asking, “Excuse me, do you mind if I go in front of you? My parents are old, and I am really anxious to get to America as soon as possible”. Do you think that the person will let you go in front of him? Or, if someone in line behind you, taps you on the shoulder, and asks if he can go in front of you, would you let him?
More importantly, this is not even at the discretion of those in line. Even if they said “ok,” you still are not able to “cut in line.”
However, there are a few things that people can do to “speed up” a case. One thing is the petitioner should file the petition as soon as he is able. Many times, people consult with me, asking about petitioning an adult child. As it turns out, the parent is already a US citizen. When I ask them, “How come you didn’t file the petition years ago, when you first got your green card?” They look stunned, and say, “I didn’t know I could. I thought I had to be a citizen or it would be faster if I waited until I became a US citizen.” Had they filed the petition years earlier, perhaps the priority date might have already been current. So they lost several years “thinking about it.”
Also, sometimes a child is included in their parent’s petition (as a derivative beneficiary), and would be able to accompany the parent when the parent immigrates. In such cases, there would be no need for the parent to first get a green card, and then turn around and file another family petition. Furthermore, with the Child Status Protection Act (CSPA), it could be possible that even if a child ages out (turns 21), he may still be included in the parent’s petition as a “minor”.
These are just a few of the examples of making a case go “faster”, by acting faster, and knowing when a child is included in a petition. Therefore, rather than waiting and doing nothing, or relying on advice, rumor, or hearsay of friends and relatives, you should seek the advice of a reputable attorney, who may be able to find a faster way to bring your family member to the US
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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