I just had a consultation with Elena, who entered the U.S. (legally) with her 2 young children, and is trying to figure out how to stay legally. They were subject to a dangerous situation at home, but it did not specifically qualify for an asylum designation. The woman’s entire immediate family (her parents and siblings) are a mix of U.S. citizens and legal permanent residents (LPRs), but because she is over 21, she has to get in line - and it’s a long one.

Have strong opinions about immigration? First, it’s crucial to first understand how these policies actually work.

Family Immigration

U.S. citizens have the right to sponsor certain family members for legal permanent residency (a "green card"). This includes their spouses and children, and if the citizen is at least 21 years old, they can also petition for their parents and siblings. (Green card holders, however, can only petition for their spouses and unmarried children.)

When I ask potential clients about their family members in the U.S., they often mention their aunts, cousins, and sometimes grandparents who have status. Unfortunately, none of these relatives can petition for you. If it’s not on the above list - it’s not an option.

Each of these categories is capped by Congress, and there are additional numerical limits for each country. Countries with a high volume of immigration to the U.S., like Mexico, face significantly longer wait times, as we will see below.

The Waiting Game: Priority Dates and the Visa Bulletin

When a petition is filed with U.S. Citizenship and Immigration Services (USCIS), the date of filing becomes the "priority date," determining your place in line. Each month, the U.S. Department of State releases the Visa Bulletin, which indicates which priority dates are currently being processed. Immediate relatives of U.S. citizens - spouses, parents, and unmarried minor children - don’t have to wait in these lines; their applications can be processed as soon as they are submitted. Everyone else must monitor the Visa Bulletin to see when their turn arrives.

According to the January 2025 Visa Bulletin, those in the 1st category (unmarried adult sons and daughters of U.S. citizens) currently being processed applied in September 2017 - more than 7 years ago. Now look at the 4th category (siblings of USCs) - those people applied in March 2008, and USCIS is first adjudicating their applications now. But what if your sibling is from Mexico? Well, if you applied in April 2001 (before 9/11!), you’re in luck! Your turn has come. You may be able to become a green card holder now.

The Human Impact of Long Waits

These lengthy waits mean that many families are separated for decades. Often, the family members still waiting abroad struggle to visit their loved ones in the U.S. due to strict visa rules. The US authorities scrutinize visitor visa applications to determine whether the person applying really intends to come visit, and go home - OR if there is a chance they intend to stay put once they arrive. Applicants usually have to show ties to their home country to prove they intend to go back - whether it’s a family, a job, or properties - they have to show they have an established life to which they will return.

But when someone has a pending green card application - for several years - how can they show they have no intention to stay? They have declared their intention to move to the U.S. already! This makes it difficult for those with pending petitions to get temporary visas. This is one reason why some people decide to enter the U.S. unlawfully - they don’t have another way to reunite with their family members.

The Misconception of Easy Immigration

When I meet people and tell them what I do, I often hear some grumbling about immigrants, and ironically, sometimes the complaints are said with a strong accent. When I ask them where they are originally from, they answer, and add “But WE came here legally!”

So is it easy to come legally via family-based processes? Here’s the reality: when someone immigrates to the U.S. and becomes a green card holder, they can sponsor their spouse and minor children (but NOT their parents and siblings). For an LPR, this reunion typically takes a few years.

A U.S. citizen can also petition for their parents and siblings. For siblings, the wait is 15+ years at a minimum, depending on the country of origin. Right now, siblings from Mexico have been waiting 23 years to legally immigrate.

On top of the excruciating wait, applicants also face rigorous income, security, and medical screenings before they can receive approvals. This process is far from easy and often takes decades for a family to reunite.

Sometimes at the end of a consultation, I feel the need to apologize. I don’t always have good news about the person’s options. Elena’s family members can apply for her, but her temporary visa will expire long before her application gets looked at. She’s not willing to take her children back to potential harm in their former home. Do you blame her?

Preventing people from having a realistic way of immigrating legally drives some people to do it the other way. Whether you think this is understandable or awful, the realities need to be acknowledged. The system is less than ideal for many reasons, but as with all conversations, there is so much nuance that is ignored by politicians and the media. We don’t know what changes will come over the next 4 years, but I always try to keep in mind the individuals who were stuck with few viable options, and approach the debate with compassion.