Hi, My husband an permanent resident migrated to the USA in November 2002. Has petition for my son in october ,2003 and for me in february ,2004. The reason it was done this was because on day of his interview, he was given a document to sign by the immigration consular which stated that he could not get marry before he migrated to the USA .It was so unfortunate for us because at that time we were engaged and our son was only two years, we knew people in situation similar to us who was told to get marry and that their family would join them in months not years.How could this be?, how could the seperate a family for so much years ?.

In US immigration law, 2 cases that seem similar can in fact be very different. Without knowing the details of your husband’s case, it’s impossible for me to speculate as to whether he was advised properly or not.

As for the very long delay and separation for your case, you’re absolutely correct that the wait is too long. There are efforts in Congress to change the family-based preference quota system, but honestly I don’t think that any change will come in the near future. The best thing to do will be for your husband to apply for US citizenship as soon as possible next year so that once he become a citizen your case will upgrade from 2A to Immediate Relative.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/