OPINION-US VISA | IMMIGRATION CORNER: You cannot ‘harvest’ a visa unless you plant the seed
March 30, 2025
During the approximate 45 years I have been practicing law, perhaps the most common immigration issue for people is either how they can get a green card and/or how they can bring their family to the US.
Many of the avenues for legalization can take years. Petitions for siblings or married children can take over 20 years. Petitions for single adult children are backlogged for approximately 15 years. Even employment-based green cards may take at least five years, especially with immigration backlogs and staffing shortages.
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When I discuss these time frames and suggest they should already file a petition, many people’s faces contort with anguish, and they cross their arms and defiantly announce, “That’s way too long. I’m not going to do that. I’m going to look for a faster route!” With the consultation over, they leave my office.
Ironically, sometimes decades later, they make another consultation with the very same immigration issue or problem. In fact, just last week, a lawful permanent resident (green card holder) mother consulted with me on ways to bring her adult single child to the US. Ironically, she had consulted with me in 2011 about the very same issue (petitioning her adult child). In 2011, I suggested filing the petition, but she declined because the waiting time was too long for her. Now, in 2025, the problem is still the same. Had she filed the petition back in 2011, the priority date would have already been current, and her child would have been in the US already. But she decided the waiting time was too long. But time passes whether you do something about your situation or do nothing. Now, if she finally files a petition, it will be perhaps another 15 years.
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My point is that yes, some pathways to legalization do take time. But just like a farmer realizes, you cannot plant a seed and expect the harvest tomorrow. Sometimes you have to plant and wait for years before it’s time to harvest. The same may be true with petitions. But you cannot get to the front of the line unless you get in line. You cannot be eligible for an immigration benefit unless you file something.
If you believe there are avenues for legalization or to bring family to the US, I would recommend you consult with an attorney, who can evaluate if perhaps there are faster ways to bring family members here (such as an employment-based petition of a family member) or to simply get something on file so that you will not be like that woman who could have filed a petition years ago but neglected to do so, and now the same number of years have passed, and she hasn’t even started.
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THE EDITOR
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