Immigration Corner | Can I get citizenship through my special-needs child?

Dear Mrs Walker-Huntington,

My daughter is an American special-needs child who was born premature at 23 weeks in Florida. She is delayed in many areas and was evaluated and it was confirmed that her maturity and mental level is that of an eight- to 10-year-old. She will need ongoing assistance as she grows older. I am from the Cayman Islands and she resides here with me, but spends time in the US for holidays and summer with her dad’s family.

My question is, would I be able to apply for citizenship through her so that when she reached the age of 18 I can migrate to the US with her and receive benefits that she needs due to her disabilities? My daughter does not want to live in my country, and she does not want me to stay here and not be with her when she decides she wants to migrate to the US.

I have my own home and family here in the Cayman Islands. I am also a British citizen and travel back and forth to the US and UK without any issues. With this said, I will do whatever I need to for my daughter to receive the benefits and assistance she needs for her future.

DK

Dear DK,

As an American citizen, your daughter is entitled to all the rights and benefits of US citizenship from birth. She does not have to wait until she is 18 years old to receive those benefits, and if she is in need of services, you should explore how to obtain them for her as soon as possible.

However, her need for any public services in America does not give you any preference to be able to live there with her during that period. I am not sure if your daughter is developmentally delayed how she could make the adult decision that she does not want to live in the Cayman Islands and does not want to live in America without you. Nevertheless, when she is 21 years old she will be legally able to file a petition for you to receive permanent residency – a green card.

Once you become a green card holder, you will be required to live in the United States for five years (among other criteria) before you can apply for US citizenship. The fact that your daughter may not be employable when she reaches adulthood will not prevent her from filing a petition for your green card – you will need a joint financial sponsor at the appropriate stage to signal to the US government that you will not become a public charge when you move to the United States.

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