Immigration Corner | Can an unemployed person file for her son?

Dear Mrs Walker-Huntington,

I am a green card holder and I would like to petition for my son. However, I have only worked for six weeks since I am here. Can I do it if I am unemployed?

Please let me know. Thanks.

– Concerned Parent

Dear Concerned Parent,

A green card holder can file petition for US residency for their unmarried son or daughter, their minor children, and their spouse.

The waiting period for the minor children (under 21 years old) and the spouse is current. This means that as soon as a petition can be processed, a visa is available for the spouse and minor children. However, there is still an undetermined waiting period for a visa interview in the beneficiary’s country due to pandemic-induced backlogs at US embassies and consulates all over the world.

In filing for a family member, the petitioner (in this case a parent) must submit an Affidavit of Support and provide evidence of their ability to financially support the beneficiary (the intending immigrant) according to the US government income guidelines. If the petitioner does not earn enough money to meet the guidelines, they can supplement the difference in earnings with assets. The amount of assets must be five times the difference between what they earn and the income guidelines. The assets must be verifiable.

Most persons who do not meet the income guidelines use a joint sponsor. This joint sponsor can be a US citizen or a green card holder and must provide their proof of income to demonstrate that they earn enough to support their own family plus the intending immigrant. The joint sponsor also must submit an Affidavit of Support and sign the document that binds them to supporting the intending immigrant for 10 years or until they become a US citizen – whichever is sooner.

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 diversityand inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com