DEAR Atty. Gurfinkel:
I received my green card through my employer’s petition, but the priority date on my petition suddenly retrogressed (went backwards) before I was able to bring my family from the Philippines. In fact, in just a few short months, the priority date retrogressed from October 2014 all the way back to January 2005.
Are there any other legal means for my spouse and kids to immigrate to the US?
Very truly yours,
W.T.
Dear W.T.:
Most family and employment petitions include not only the principal beneficiary, but also his or her spouse and minor children, who are considered “derivatives.” If you obtained your green card in the US through your employer’s petition, your family in the Philippines could be included in that petition and get green cards as “following to join” derivatives. However, to receive their green cards, the priority date on your employer’s petition must still be “current.” If your priority date later retrogressed (moved backwards), your family would have to wait until the priority date on your petition once again becomes current, which can sometimes take many years.
A possible alternative (to waiting for the priority date on an existing employment based petition to become current again) is a new, family-based petition in the F-2A category (spouse\minor child), which could be a lot faster. For example, the priority date under the F-2A category, as of June 2015 is October 2013, whereas the priority date for employment based petitions, as of June 2015, is January 2005. Depending on the priority date on your existing employment based petition, it could be that the waiting time on a newly filed F-2A may be faster than waiting for your existing employment based petition to be current again.
If this situation applies to you, you may want to seek the advice of an attorney, who can evaluate your situation and determine your best choices and options, and whether a new F-2A petition would be better\faster, or if you need to stick with the existing petition out of concerns for the Child Status Protection Act, etc.
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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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