Immigration Corner | Should my son file for me?

Dear Mrs Walker-Huntington,

I am in the United States on an H2B visa that will expire in August of next year. My son lives here, and he is also in the army and a citizen of the United States of America. How would he go about getting a permanent resident visa for me if I want to stay here legally? I have been travelling on the H2B programme from 2018. I have never overstayed my time, and I just wanted your thoughts on this. Thank you for your time. I await your response.

NS

Dear NS,

An American citizen over 21 years of age is eligible to file a petition for their parent to migrate to America. The American citizen must prove their relationship to their parent and their US citizenship.

An application filed in this category is considered an immediate relative petition and there is no waiting period – the application is processed as quickly as the paperwork can be processed and an interview is scheduled at the first available opportunity. The US citizen can petition for their parent if they are outside of the United States (consular processing) or if they are inside the United States – pursuant to lawful entry (adjustment/change of status).

Prior to the COVID-19 pandemic backlog, a petition in this category would take about a year if the beneficiary resided outside of the United States and four to six months if the beneficiary was in the United States. Those processing times have been doubled or more in some instances.

In your situation, you entered the United States lawfully on an H2-B visa and are, therefore, eligible to adjust your status to that of a permanent resident if your petitioner is an immediate relative – your US citizen son. If your son is over 21 years old and you have been present in America for at least 90 days, he would be eligible to file to change your status. As a member of the US Armed Services, your son would have a lesser threshold to meet to show the US government that he could support you once you are a permanent resident.

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