Why the rush to file family petitions now?

There are efforts to encourage the filing of petitions by American  citizens on behalf of their adult children. The waiting period for visas for these adult children takes many years and rushing to file petitions for them may not seem to be an appealing proposition. However, for some families, it may be the only option left.

Clarita, for example, entered the United States in 2003 as a permanent resident. She immediately filed petitions for her two children but only one, Joseph, was given a visa. Her youngest, Anne, who had married during the long wait, was no longer eligible.

If Clarita refiles a new petition for Anne, it will probably take more than two decades based on current backlogs.

Clarita is now 77 years old and she does not believe that it is worth refiling the petition. She will probably be 97 years old before Anne will be able to live with her in the US.

But lately, Clarita has heard that there may be changes in visa categories. and it may be best for her to file the petition anyway.

Eliminating family petitions

The US Senate has recently passed an immigration reform bill that contains a provision that will modify the F3 (married adult children of US citizens) and eliminate F4 (siblings of US citizens) family categories. If the House of Representatives also acts on its own version of the immigration reform bill, it will most likely contain the same provision. Assuming that this happens, US citizens will no longer be able to file petitions for their sisters and brothers under the F4 category. And for US citizens with married children under the F3 category, they may be limited to children who are 31 years old or younger.

If an immigration reform bill is passed, the family petitions F3 and F4 are most likely to disappear in an effort to gain more visas for highly skilled workers. Those who will be most affected by these proposals are nationals from the Philippines and Mexico. These are the countries with the most backlogs in F3 and F4 categories. However, other Asian countries will also be affected. Hence, organizations such as the Asian American Advancing Justice are encouraging immigrants to start filing petitions now, prior to the immigration reform bill being enacted into law.

Temporary “V” visas

The rationale is to file petitions in the F3 and F4 visa categories before it is eliminated. Another reason to consider filing before the enactment of the law is that if and when a merit-based system of immigration is implemented, there will be added points for F3 and F4 petitions beneficiaries whose petitions were filed prior the enactment of the immigration reform law.

One good provision in the Senate bill (S.744) is the reestablishment of the “V” nonimmigrant visa for certain beneficiaries whose petitions have been pending for a certain period of time.  In the past, a V visa was granted to unmarried minor children and spouses of green card holders with pending petitions. With the S.744, the V non-immigrant visa is going to be offered to siblings and married children of US citizens with pending petitions.  The V visa will be used to visit the petitioning relative temporarily for a period not to exceed 60 days in a given year. No employment authorization is going to issued to V visa holders under this category. But the opportunity to visit and travel on a V visa is also one reason why US citizen petitioners should consider filing petitions now before the actual passage of the immigration reform law.

It should be made clear that there is no new immigration law yet.  All the provisions discussed above are merely proposals that need to pass both houses of Congress before it can become law. Nevertheless, with an impending threat of losing the opportunity to file petitions and the possible advantages of having a pending petition filed prior to enactment, US citizen-relatives should take steps to initiate the process of filing family petitions before major changes take place.

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Atty. Lourdes Tancinco may be reached at [email protected] or at 8877177 or 7211963 or visit her website at www.tancinco.com