Immigration Corner | Can I go to the US and wait with my mother?

Dear Mrs Walker-Huntington,

I am a 34-year-old married man. My mother, daughter and one of my brothers are American citizens. My father is a green card holder. My mother has filed for me and my other brother (unmarried). My question is, can I travel to the United States and continue the filling process there, or do I have to wait here in Jamaica? I would also like to know how long the process takes. My mother is living in Georgia.

– K.P.

Dear K.P.,

As the married son of an American citizen, you are in the F3 preference category. The Visa Bulletin for January 2021 indicates that visas are available in that category for persons with a priority date earlier than June 2009. This means that it is taking approximately 11 1/2 years for a visa to become available for you and your family.

Please keep in mind, however, that the COVID-19 pandemic has delayed the actual interview process for persons eligible for visas due to worldwide closures of US Embassies in 2020. Additionally, the Trump administration issued a presidential proclamation that stopped the issuance of green cards in your category – citing the economic fallout from the pandemic. That ban has been extended to March 31, 2021. It remains to be seen if the incoming Biden administration will lift the ban once they take office, allow the ban to expire, or extend it beyond the March 31 date.

In the F3 preference category, you should remain in Jamaica until your visa is available. Technically, if you were in the United States in lawful status when a visa becomes available, you could file to adjust your status. However, you would be exposed if (1) your interview fails and you become out of status, and/or (2) USCIS finds that you intended to travel to the United States and file to change your status. In your category, you should never overstay in the US.

As for your unmarried brother, he is in the F1 preference category and will be processed for his visa about six years before you do, as the current priority date in his category in January 2021 is July 2015.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com