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.
Are 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 fiancé(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.
Michael J. Gurfinkel has been a licensed attorney in California for 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.
His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com.
(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)