A common question I encounter from those who have been petitioned to migrate to the United States by their family members, who are either U.S. Citizens or Legal Permanent Residents, is - “How do I speed up the petition process?” or “Is there any way to expedite my petition?”  Before I respond to this, let me just give you a flavor of the long waiting periods for such petitions. 

As of September 2008, the visa bulletin indicates the following priority dates:

(1) For Unmarried Sons and Daughters of U.S. Citizens, the priority date is April 1993;
(2) For Spouses and Children of Greencard holders, the priority date is December 2003;
(3) For Unmarried Sons and Daughters of Greencard holders, the priority date is April 1997;
(4) For Married Sons and Daughters of U.S. Citizens, the priority date is April 1991;
(5) Brothers and Sisters of Adult U.S. Citizens, the priority date is March 1986. 

What this all means is that if you are petitioned as a single son/daughter by a U.S. Citizen, then you have to wait for approximately fifteen years before you can get to go to the U.S. 

If you are a husband/wife or minor child of a Greencard holder, then you have to wait for approximately five years before you can get to go to the U.S. 

If you are a single son/daughter of a Greencard holder, then you have to wait for approximately eleven years before you can get to go to the U.S. 

If you are a married son/daughter of a U.S. Citizen, then you have to wait for approximately seventeen years before you can get to go to the U.S. 

If you are a sibling of an adult U.S. Citizen, then you have to wait for as long as twenty two years before you can get to go to the U.S.

I regret to say that there is no form you can file, or fee you can pay to expedite this immigrant petition process.  Everyone has to wait in line. 

However, there are steps you can take to ensure that the petition process flows smoothly without delays. 

If you are a beneficiary of an immigrant petition or the petitioner, the following guidelines will help avoid delays.

First, make sure that USCIS is updated with your current mailing address and also that of your petitioner’s.  If either your petitioner or you move or change addresses, then you have to make sure that USCIS is informed and that their records are updated.  What you want to avoid is correspondence from USCIS getting lost in the mail because they sent it to the wrong address.  This would cause unwanted delays.

Second, as the beneficiary, keep a folder of your records such as NSO birth certificates, transcripts, marriage certificates, NBI clearances, etc. so that it would be easy for you to submit these documents when the time comes.  As the petitioner, it is always best to keep copies of the documents you file with USCIS. 

I have represented several cases where USCIS lost the applicant’s documents, and it was up to the applicant to re-file and prove their case.  You would not want to be in a similar position and the best way to avoid this is to always keep copies of what you file.  You’ll never know when you’ll need them.

To recap, there is no way to speed up the petition process.  The best you can do is to constantly update your mailing address information with USCIS and be prepared with your supporting documents, so when the time comes that you receive your Choice of Agent letter and are called for an interview, you are ready. #

Atty. Michael Templo is an admitted attorney in New York, USA and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at mdt@templolaw.com or log on to www.templolaw.com.