This post is part of a series about what to do while your Priority Date is retrogressed, once you have received your I-140 Approval Notice from USCIS. It applies to cases which will be processed through US Consulates, and not to Applications to Adjust Status filed in the US.

It is possible as a permanent resident of the United States to file a form I-130 Immigrant Petition for a relative and to bring your spouse and children into the US that way as opposed to having them come as your dependent. However, the cutoff date for this category is currently at October 1, 2013, which means that we’re looking at a wait of somewhere in the neighborhood of a couple of years.

This is a difficult question to answer because we have no clue how long the current retrogression is going to last. If it is only going to last a few months then you would be wasting a lot of time and money filing petitions for your spouse and children that you would never use because they would end up coming to the US as your dependents once your Priority Date becomes current.

However, if retrogression ended up lasting a number of years, then that might be the only viable option that you have in order to bring them to the US.

We strongly recommend speaking with an attorney to discuss the specific facts of your case in order to reach the best decision for you and your family.