Charito, 83 years old, wanted to file an immigrant petition for Ramona, her 48 year old daughter to come to the United States. She was informed that since her daughter is now considered single as a result of the “annulment” of marriage, it would be faster to petition her.
When Charito was told that this petition would take approximately 15 years before the visa is finally issued to Ramona, she burst into tears. By the time the visa is made available to her daughter, Charito will be close to 98 years old already.
The U.S. citizen father filed a prior petition for Ramona in 1996. Ramona waited 14 years for her visa to be processed; unfortunately, when her petition’s priority date became current last year, her father died after suffering from a heart attack. It was only recently that Charito decided to re-file a new petition.
Knowing that time is not in her hands, Charito still decided to file the petition. She is still hoping that during her lifetime, immigration rules will change and that she will be reunited with her daughter in the United States before nature takes its course.
Visa Bulletin
Unless the person being petitioned is a minor child, parent or spouse/fiancé of a U.S. citizen, the waiting period for an immigrant visa to become current is lengthy. Families may be waiting 5, 10 or even 20 years before being reunited. The reason for this protracted wait is that there are more visa applicants than the number of visas available for each year.
For December 2011, the U.S. Department of State is processing visa petitions of Filipino nationals that were filed on or before March 1, 1997, July 8, 1992 and September 8, 1988 for unmarried child, married child and siblings of U.S. citizens, respectively. The longest waiting period is 23 years for siblings of U.S. citizens. For married children of U.S. citizens, there is an approximate wait of 19 years.
Resolving the Backlogs
Family is the cornerstone of U.S. immigration. But, the policy of the current administration does not seem to recognize the importance of reuniting even the closest family members. When there is family unity, a stronger immigrant society emerges resulting in a strong economic base. This is the time for the U.S. to revisit its family immigrant policy.
One legislator in Illinois, Representative Luis Gutierrez, is a strong advocate for family unity. Considering that comprehensive immigration reform may be difficult to pass, the proponent of the bill together with Representative Chaffetz advocated adding more visas to family preferences. This proposal was actually incorporated in the recent H.R.3012, which increased the visa quota of each country from 7 to 15 percent. This proposal is expected to decrease the backlog and hopefully the 18 years wait may be reduced to 10 years.
This bill was passed overwhelmingly in the House of Representative but it is being held in Senate. A few days ago, Senator Grassley is proposing amendments to the bill to delete the proposal of increasing the visa quota in family immigration. Whether Senator Grassley will prevail in his proposed amendment remains to be seen but as it is, this recent development brings negative impact on family petitions.
The Broken System and the Choices Made
Unless immigration law is changed to address this massive backlog, there will be perennial cases of undocumented immigrants when family members try to enter through the backdoor. This is very distressing and a blatant violation of law. There is no excuse in violating existing laws. But in reality, the desire to be reunited with family members compel many to use extra-legal means.
If the immigration laws are not amended, returning to the ancestral homeland is always a choice. But this may be difficult for those who are already embedded in the mainstream United States, and who have invested their lifetime becoming productive citizens. Retiring in the Philippines is a recognized option and programs for retirees should be designed to be more attractive for balikbayans to return permanently if need be.
This Christmas day, balikbayans who are able to celebrate the holidays with their families should feel blessed and be grateful. For not all who are abroad are able to reunite with their families for varying reasons. Aling Charito is one example. She has health issues and financial restrictions from returning to the Philippines to be with her children. We all should be thankful wherever we may be this season especially if we are with our loved ones. Family is not just the cornerstone of immigration, but it is the very foundation of our existence, the source of our strength and the reason for our being. Merry Christmas to all!
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
