Being separated from loved ones is always a difficult experience. It is especially painful for parents when they are separated from their minor children. Unfortunately, this situation is not uncommon for migrants who reluctantly say goodbye to their minor children so they can seek a better life in the United States. Here is a story with a happy ending though.
Reeves Immigration Law Group (RILG) was recently retained by a woman that we will call “Susan” out of respect for her privacy. Susan was born in the Philippines, but she had also achieved her dream of becoming a naturalized U.S. citizen. Susan also had another dream though – to reunite her family in the U.S.
Susan therefore filed an Immigrant Visa Petition (Form I-130) with her minor son named as the beneficiary. We will refer to Susan’s son as “Ben” out of respect for his privacy. Susan then waited, and waited, and waited for the petition to be approved. Her heart ached because she missed her son so much, but she assumed there was nothing else she could do but wait.
But then Susan finally decided to consult an expert on immigration law. She met with Attorney Flomy Diza, a Senior Partner at RILG and the Supervising Attorney of RILG’s San Franciso office. Attorney Diza sympathized with Susan, telling her that he understood how strenuous separation can be for a parent. He also told Susan that one of RILG’s goals is to reunite families by working relentlessly to get petitions approved. Both Susan and Attorney Diza agreed that it was ridiculous that U.S. Citizenship and Immigration Services (USCIS) was taking so long to approve the petition.
Attorney Diza then presented Susan with a legal strategy to expedite the process of bringing Ben to the U.S. He said that we could file a Mandamus, which is essentially a lawsuit in federal court. We want a federal judge to order USCIS to make a decision on Susan’s petition. Susan was not sure if filing a lawsuit against the government was the right idea, but Attorney Diza told Susan that USCIS’ delay in her case is unreasonable.
Attorney Diza thereafter filed the Mandamus on Susan’s behalf, and within two short months, USCIS approved the petition! Susan was overjoyed! Because after years and years of waiting, she knows that Ben will be joining her in the United States very soon.
We understand that being separated from family members is very sad, because a person can never get back those missed birthday celebrations, special occasions, etc. Nevertheless, we are still honored to help people like Susan and Ben reunite in the United States, where they can now be together and no longer have to worry about celebrating another Christmas on Facetime.