Can an immigration attorney expedite the availability of an immigrant visa?

In this week's Consulta Migratoria® column, I answer the question of a reader who wishes to immigrate to the United States through a family petition.

Each case is different and the answers vary depending on each person's immigration history.

Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.

This is the column:

My dad is a U.S. citizen and he petitioned my husband and I on September 11, 2015. We live in Honduras and the situation here is difficult. Can I pay an immigration attorney to move my case forward so I can travel sooner? -Dessire D.

Dessire, there is no way to expedite your father's family petition by paying the government or a lawyer.

I must emphasize: no person can help you advance your case so that you can travel to the United States sooner. Anyone who promises you this is cheating you.

I understand that the situation in Honduras is difficult, but under no circumstances should you come to the U.S. illegally, because you could harm your case.

You should understand what the process is like. After you submit a family petition, the government verifies all the information, analyzes and determines if you and your father are eligible. Once the petition is approved, you and your husband must wait for an immigrant visa to become available.

That wait depends on three important factors: a limited number of immigrant visas, a high demand for these visas, and family categories.

Immigration law currently allows 226,000 immigrant visas to be granted annually for certain family-based petitions that are broken down into family categories as follows:

First PreferenceUnmarried sons and daughters over 21 years of age of U.S. citizens: 23,400 immigrant visas annually plus any unused number for the fourth preference.

Second PreferenceSpouses and unmarried sons and daughters of any age of permanent residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any number of visas not used by the first preference.

Third PreferenceMarried sons and daughters of U.S. citizens: 23,400, plus any number not used for first and second preferences.

Fourth PreferenceBrothers and sisters of U.S. citizens over age 21: 65,000, plus any number not used by the first three preferences.

There is no way to expedite the availability of these visas.

To find out when immigrant visas will be available in your family category, you can call the U.S. Department of State at (202) 663-1541. You can also find the information, which is updated every month, at the Visa Bulletin.

Dessire, your father's family petition falls under the third preference of the family category, which is for married children of citizens.

According to the January 2019 Visa BulletinThe Department of State is processing family petitions in the third preference filed before August 15, 2006.

Since the priority date of your case is September 11, 2015, you have approximately nine years to wait.

I recommend that you and your husband consult with an immigration attorney to review the documentation your father submitted to ensure that everything is in order and to determine if you have other immigration options that would allow you to immigrate legally to the United States more quickly.