How to bring your family to the U.S. legally

Dear Atty Gurfinkel:

I left my children behind in the Philippines, and came to the U.S., 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 am getting a lot of conflicting advice. 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. You can avail of this procedure, as long as your children are still under 21, and if other requirements are met.

Grandchildren of petitioners can be included whether the petitioner is a citizen or immigrant, whether the person being petitioned is married or single, except when being petitioned in the F-2B category, in which case he or she must remain single.

If your children qualify, there is no need for you to file a new petition for them, or wait to become a citizen.

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 is not required 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, you may 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. NOTE: if you want to include a spouse, you must be married to the person 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.

Three offices to serve you: LOS ANGELES: (818) 543-5800; SAN FRANCISCO: (650) 827-7888; PHILIPPINES: 894-0258 or 894-0239

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Website: www.gurfinkel.com