Immigration Corner | Can my child migrate with me?

Dear Mrs Huntington-Walker,

My friend's child, who is a US citizen, filed for her mother; the petition is approved. The mother went to the interview but was not told that she should have brought the applicant's (her child) birth certificate with her. She was told that as soon as she brings it in to the embassy, she will get her visa.

Although the mom really wants to go, she is having a major concern as she has children under the age of 21 dependent on her, especially the youngest, who is eight years old and female. She is asking if there is some way that she could get her eight-year-old to accompany her, even if it means the delay of the granting of her visa. If she obtains the visa and proceeds to the US, how long will she have to be there before she can petition for her under-age child/children. Is it possible that if her daughter is willing to provide an affidavit of support, the youngest could accompany her, and can she request a stay of her visa until that of her daughter is approved?

Your advice will be greatly appreciated and since time is of the essence.

- YH

Dear YH,

Unfortunately, when a US citizen files for permanent residency for their parent, there is no derivative beneficiary status to any siblings or spouse/parent.

The US sibling of these younger children would have to file separate residency petitions for his/her siblings in Jamaica. While that is legally possible, it is not practical because visas in the sibling category currently takes 14 years to become available. It is not possible for the US citizen to simply complete additional affidavits of support to allow their minor siblings to accompany their mother to the United States.

The beneficiary/mother can accept the green card and travel to the United States. She would immediately have to file for her minor children with separate petitions. That category - unmarried, under-21-year-old children of a permanent residency - currently takes two years to obtain a green card.

If the mother is unable to leave her children during the pendency of their green card application, she could apply for a Re-entry permit that, if approved, would allow her to remain in Jamaica for up to two years and not lose her residency. She would still be obligated to file her US income tax returns each year, even if she did not earn income in the United States.

- Dahlia A. Walker-Huntington, esq, is a Jamaican-American attorney who practises immigration law in the United States, and family, criminal, international and personal-injury law in Florida. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com