Immigration Corner | Should I mention my mother?

Dear Mrs Walker-Huntington,

I read your articles in the Jamaica Gleaner, and find them very informative. Thank you.

I have a question. My widowed mother moved away a few years ago, met and married an American citizen and now has a green card as of last year. I am about to apply for a visitor’s visa to go visit her and would like to know if this could pose a problem for me. Should I just not mention my mother at all?

Concerned Daughter

Dear Concerned Daughter,

Anyone who legally enters the United States is eligible to adjust their immigration status from a non-immigrant to a lawful permanent resident if a petition for adjustment of status is filed by an immediate relative. That is, if the immigrant is filed for by an American citizen spouse, adult (over 21 years of age) son/daughter, or parent if they are a minor child (under 21 years of age). The condition on this type of filing is intent, i.e., the beneficiary should not have intended to file for adjustment of status when they legally entered the United States. This condition is reflected in the now ‘90-day rule’ wherein any movement towards adjustment made by an applicant within 90 days of arrival in America is viewed as intent to migrate upon entry as a non-immigrant.

You express concerns about mentioning your mother when applying for your visitor’s visa. Applicants are sometimes concerned about revealing the existence of family members on their applications because they are not sure of their family members’ whereabouts or about their US immigration status. The only advice that you or anyone can be given is to be truthful about the existence of family members in America – if known. Some persons honestly are not sure if their family members are in America – if you don’t know where you family members are, you don’t know.

However, you cannot know that your parent is a green card holder or living in America and choose not to list that parent. Wilful omission is not viewed favourably. A person cannot choose how to answer a question and to do so in a manner that is in their best interest. You simply have to answer the question truthfully. You always have the option not to apply for a visa.

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