Please Help - I need advice

[TKTEAMS 0]

Good afternoon everyone...

I am Tanya (a USA Citizen by birth) - I have been married to my Canadian born husband for 16yrs. We live in Utah & have been here for 9+yrs (the first years of our marriage we lived in Canada) - My husband just became a USA Citizen through naturalization a few months ago.

My husband has 4 children from his previous marriage - They are all adults (over 21) now. We also together have two younger children from our marriage, they are 8 & 10yrs old.

About 2 weeks ago our son Joe (my step son) who is almost 24 years old, told us that he really wants to come to Utah to live & work. He wants to be closer to us & to his younger brother & sister. We were so excited to hear this news. We miss all of our older children so very much... and we hate being so far away from them. Our 8yr old son absolutely adores his older brother Joe and loves him more than anyone in the world... Our entire family was so happy to hear Joe's decision to move here to the USA with us.

I quickly started looking into how to get him here quickly... I am utterly blown away by the things I have learned. I figured that because he was in the very first family priority category, that he could get legal status to come here within a few months.

However, if I am understanding what I am reading correctly, it could realistically be 8-10years from now - If we applied today... PLEASE PLEASE PLEASE tell me that I am misunderstanding something... Please.......

This to me seems absolutely ridiculous! How can they expect people to wait that long to be together with family members? If this is truly the case, I can completely see why we have so many people coming here illegally... We would never break the law that way ourselves, but I can fully understand why people would.

Please advise me... Is it true? Are we looking at years & years & years to be able to get him here? By then our youngest son will be an adult... This seems so wrong!

Is there any alternative to get him here faster? Anything we can do? Another Visa type with no waiting period? Anything????

My heart is breaking because our family wants to have him here & now I'm terrified that it will not happen...

Please help with any knowledge or advice in this regard...

Thank you so much for your time...

Tanya

[Transborderwife 4,666]

I'm going to put this bluntly, he's a grown man. He can find his own way to get to the USA be it via work visa or perhaps a USC partner. Family reunification is not as needed as say a child who is under age of majority. And no, there isn't one visa that doesn't have a waiting period of some sort be it processing or the such.

Edited February 13, 2016 by Transborderwife

[B-2-Z 37]

I agree with the above. I'm just adding that he could also apply to a university or college and enter on a student visa. If it had been that important to be united as a family he could have been petitioned for any time in the process when he was a minor.

Edited February 13, 2016 by B-2-Z

[Transborderwife 4,666]

I agree with the above. I'm just adding that he could also apply to a university or college and enter on a student visa. If it had been that important to be united as a family he could have been petitioned for any time in the process when he was a minor.

With USC parents a student visa may be difficult to obtain.

[B-2-Z 37]

With USC parents a student visa may be difficult to obtain.

I didn't think of that!

[Dohan 133]

No visa is "easy" and "quick" to obtain. Depending on where he works, maybe he can ask his company to relocate him to the USA if they have a branch here or apply for a work visa.

[TKTEAMS 0]

I agree with the above. I'm just adding that he could also apply to a university or college and enter on a student visa. If it had been that important to be united as a family he could have been petitioned for any time in the process when he was a minor.

This reply is not just meant for the person who is quoted above... I was trying to Reply to both comments I received and try to clarify my situation...

First please understand that he (our Canadian born, unmarried & over 21yr old son) had a serious girlfriend for several years who wanted to live in Canada - we would not have expected him to come here because his life, job, friends & girlfriend were there in Canada... There was no reason to think that he would want to move to the USA when he was 18 or 20... But life changes... He is growing up, he is no longer with his girlfriend, and he is now realizing that he wants to be here... Yes the timing sucks!!!!! It totally sucks!!! I sure as heck wish that he would have decided this before he was 21... But when he was younger (before 21) his life was pointing in a different direction...

The problem I see with a student visa is that USCIS doesn't want it to be a path to permanent residence. The Government wants it to be specifically for schooling only & then a prompt return to their home country... They specifically want to ensure that the student is not planning on staying more than a few years in the USA... This could maybe turn into an opportunity if he were to meet a ice gal, fall in love & decide to get married - but that is not a guarantee is it?

I have thought about a work visa - which would be an option, but from what I have read, it sounds as though the only ones who can come on work visa's are people who are considered "professionals" such as Dr's - Lawyers, Engineers, Professors etc. ---- He is a blue collar worker - he has worked in construction mostly with a few other non professional jobs as well... So it seems that a work visa is impossible too...

He's not a baby - he is a Man... But from what I read, as his family, we need to apply on his behalf with an I-130 and then sponsor him as well... So I'm not sure where the Blunt comment about him "being a man & finding his own way here" from the first reply I had even makes sense... We love him & we want him here... Simple as that... Of course I am trying to help my son to join us here - now that he has finally made this decision to come here...

I am just blown away that it takes like 8-10 years to bring a close (1st priority) family member here... The system is totally messed up & that's what I am seeing... By having waiting times this insanely long, they are encouraging illegal aliens to come here, and encouraging fake "immigration only" marriages... People in the first priority group should have visa's available within 6 months... Not 10 years... This system is broken from what I am seeing...

I'm feeling extremely disappointed by the system... I came here to this forum for advice (not criticism)... Please understand that I seriously thought that our son could legally come here within the next few months --- I never, ever, ever, in my worst nightmares would have imagined how long the wait realistically is... I have never dealt with immigration from this starting point before... The only experience I have is from me immigrating to Canada when I first married my husband (fairly easy & quick) and then when we decided several years later to move to the USA, I dealt with my husbands immigration here (a pain in the butt, but fairly quick)... This just seems wrong & I'm sorry if my inexperience bothers any of you... But I just need someone to be kind to me & really help me... I'm the one who is going to need to tell my 8yr old son who is so excited about his brother coming that he wont quit talking about it, that our Government wont allow him to come... The decision of our son Joe to come here, made us so happy - our entire family... And for nothing it seems...

Can someone please give me any relevant advice? Please...

Are there any Visa types that would allow him to move here quicker? (Months - not years) ---- Allow him to eventually apply for Citizenship?

Please be kind in your comments to me & remember that I am a complete rookie at this stuff & it's all extremely confusing...

Thank you

[HollywoodNorth 22]

I'm under the process right now. It does take up to 10 years on average. It could be less or it could be more.

The petitioner [uS Citizen parent] files a I-130 to the USCIS. They process it. Once that is approved, you are assigned a case priority date [usually the date of filing of the I-130].

Once the priority date hits, then the case moves to the NVC/State Department. At which point you file a DS-260, Affidavit of Support, along with building a packet of documents [certified police report, certified birth certificate, photos, etc] Once that is processed and completed, it gets forwarded to the US consulate [in Canada's case 99% of the time its Montreal] for the interview. If the interview goes well and the visa is approved you should have your passport with the visa stamp and I-551 packet returned to you within a few business days.

If there was no backlog/line it could in theory take as little take a year, HOWEVER That isn't realistic.

With the backlog / line, and the F1 preference category only accepting 23,400 or so per year, 10 years is probably realistic time frame. It depends if they speed up processing, or if there's a regression. A regression kicks back the priority dates for certain visa categories usually adding a few years to the wait. This happened to me during the big regression in 2011, otherwise I would probably would have had my green card in 2012/2013 [5-6 years] instead of 2016 [9 years].

There's a lot of people in the same situation as you, and the reality is, it takes a while. Regardless on what you decide to do, I'd still file just to have that option in the future.

Regarding work visas...

NAFTA TN1 visa may be an option in some cases, I know of tradesmen who come down to the US to work on TN1's, that's a uniquely Canadian visa, and if you are qualified, takes only 15-30 minutes to get at the airport assuming the paperwork and job offer is all in order. No labor certification, no consulate visas, etc. It is however, not a dual intent visa, which means you can't intend to immigrate with it. It could be an option to see if your son likes the US or not, and then decide on a course of action after that.

Edited February 14, 2016 by HollywoodNorth

[Transborderwife 4,666]

You have been given proper advice as to why it takes so long. It's not a priority as he's a grownup. Family reunification does not prioritize grown ups.

If he's a blue collar worker it's highly unlikely that he would be able to get a work visa unless an eb3 is available for his profession or an L visa for an infra company transfer.

I'm under the process right now. It does take up to 10 years on average. It could be less or it could be more.

The petitioner [uS Citizen parent] files a I-130 to the USCIS. They process it. Once that is approved, you are assigned a case priority date [usually the date of filing of the I-130].

Once the priority date hits, then the case moves to the NVC/State Department. At which point you file a DS-260, Affidavit of Support, along with building a packet of documents [certified police report, certified birth certificate, photos, etc] Once that is processed and completed, it gets forwarded to the US consulate [in Canada's case 99% of the time its Montreal] for the interview. If the interview goes well and the visa is approved you should have your passport with the visa stamp and I-551 packet returned to you within a few business days.

If there was no backlog/line it could in theory take as little take a year, HOWEVER That isn't realistic.

With the backlog / line, and the F1 preference category only accepting 23,400 or so per year, 10 years is probably realistic time frame. It depends if they speed up processing, or if there's a regression. A regression kicks back the priority dates for certain visa categories usually adding a few years to the wait. This happened to me during the big regression in 2011, otherwise I would probably would have had my green card in 2012/2013 [5-6 years] instead of 2016 [9 years].

There's a lot of people in the same situation as you, and the reality is, it takes a while. Regardless on what you decide to do, I'd still file just to have that option in the future.

Regarding work visas...

NAFTA TN1 visa may be an option in some cases, I know of tradesmen who come down to the US to work on TN1's, that's a uniquely Canadian visa, and if you are qualified, takes only 15-30 minutes to get at the airport assuming the paperwork and job offer is all in order. No labor certification, no consulate visas, etc. It is however, not a dual intent visa, which means you can't intend to immigrate with it. It could be an option to see if your son likes the US or not, and then decide on a course of action after that.

TN isn't just for Canadians it's for Mexicans too. As well still for professional workers Edited February 14, 2016 by Transborderwife

[Shauneg 762]

There are only a finite amount of visas given out every year. Priority dates are based oft of how many are waiting in line. If less Pele wanted to come the wait would be less. Check ot the wait times for some other countries.

[HollywoodNorth 22]

TN1 = Canadians, TN2 = Mexicans, and the Mexicans have a few more hoops to jump through.

Canadians are lucky in that they can literally jump on a plane with a qualified job offer and start work very quickly. There's a few oddball job categories covered under the TN like Interior decorator and hotel manager, etc.

[yuna628 9,528]

OP: if you and your family, along with your son are seriously committed to be reunited, then by all means start the process.. because the reality is it won't get any faster any time soon. Yes, it's difficult, but that's how it is. After this many years, I'm sure you have still managed to maintain the ability to visit and spend time with each other, and can continue to do so. And when the time comes finally, and the son is still serious about it with no changes to his life (he is young afterall!) then this big life decision was meant to be. And it is a big life decision for sure

All of us had to wait some longer than others. It's a shame, and it's painful even more for some... but if you're serious get started.

[TKTEAMS 0]

Thank you all so much for your help & your replies...

He is a professional Driver (he told me that tonight, I didn't realize he had a professional license for commercial vehicles)- any ideas if that is a covered category through TN1 or any of the other work Visa's?

I do appreciate all of you taking the time to help me...

It still makes me sad that so many people must wait so long...

[Boiler 43,432]

TN is a distinct advantage for Canadians, just because he may not qualify now does not mean he can not work towards it. He will need decent qualifications anyway if he wants to prosper in the US.

[Boiler 43,432]

Thank you all so much for your help & your replies...

He is a professional Driver (he told me that tonight, I didn't realize he had a professional license for commercial vehicles)- any ideas if that is a covered category through TN1 or any of the other work Visa's?

I do appreciate all of you taking the time to help me...

It still makes me sad that so many people must wait so long...

http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html