Immigration Corner | Can I be filed for as my son’s guardian?

Dear Mrs Walker-Huntington,

I hope you are doing well. My toddler son’s father is filing for him. My question is, can he file for me as a guardian to my son, or is there another process to go about it? I really want to care for my son.

Best wishes,

TG

Dear TG,

This issue causes a lot of anxiety in our community. A couple has a child between them, one migrates, and the question arises whether the custodial parent in Jamaica should send their minor child to live with the parent in the United States. Sending a minor child to live with one parent in America can be a glorious arrangement, or it can be a nightmare that goes off the rails. The situation varies, depending on the parties involved.

While I understand the desire to open opportunities for your son in America that may not be available to him in Jamaica, I also understand your need to be with your baby to bond with him and to offer him love and nurturing. You do not have to agree to your child being filed for at this young age. A permanent resident or a United States citizen can always file a petition for their minor (under 21-year-old) child to migrate to America.

One option that you and the child’s father could agree upon is for the father to petition for your son to migrate when he is about to graduate from high school in Jamaica and will be ready for college in America. At that time, your son will be around 18 years old and be able to take care of himself and be emancipated in America – meaning that he can live on his own or return home to Jamaica if the situation is not comfortable.

Minor children also have legal-custody issues involved when sending a minor to live with another parent in America. This is a decision that should not be taken lightly.

In your situation, you and the child’s father would have to be legally married in order for the father to petition for you to migrate to America with your son. There is no provision for you to go and live in America with your son as his guardian.

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