Jamaica Gleaner

CAN MY SON FILE FOR ME?

- 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

Good day Mrs Walker-Huntington:

Ifind your weekly advice to be very informativ­e and helpful. I am writing to get some advice on a US citizen child filing a petition for his parent.

My son automatica­lly received his US citizenshi­p through his father while he was still a minor. He is now 21 years old. Can my son file a petition for me, taking into considerat­ion that he acquired his citizenshi­p via his father?

Your advice would be greatly appreciate­d. Thank you. – C.D.

Dear C.D.:

Currently, 21-year-old or older US citizens can file for their spouses, children, and parents. Spouses, minor children (under 21), and parents are considered immediate relatives, and if they are lawfully present in the United States, they can file to change their status. Sons and daughters over 21 years of age are placed in preference categories according to their marital status and have to wait on visas to become available, which can take years.

ADJUSTMENT OF STATUS

Usually, changing status in the United States would take four-six months to the in-person interview with US Citizenshi­p & Immigratio­n Services (USCIS). However, since 2017 and the advent of the Trump Administra­tion, the processing time is running up to 24 months in some jurisdicti­ons. This is happening, among other things, because more categories of persons are now required to have an in-person interview and undergo extreme vetting. While an adjustment of status is pending in the United States, the applicant is eligible for Work Authorisat­ion and in some cases, Advance Parole, allowing them to travel out of the United States and return before receiving their green card.

Consular Processing – remaining in your home country and having the file routed to the US Embassy or Consulate in your jurisdicti­on – takes approximat­ely nine months to a year.

Once a person is a US citizen, the individual can file a petition for any eligible family member notwithsta­nding that that person derived citizenshi­p from a parent. However, this ability to file for parents, among other categories of petitions, is under attack by the Trump Administra­tion and some Republican lawmakers. Whether the parent category will survive any changes in immigratio­n law remains to be seen, and all persons who are eligible and want to migrate should file their petitions at their earliest convenienc­e.

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