My father lied that he was filing for me

Good day Ms Walker-Huntington, I’M 31 YEARS of age and I currently live in Jamaica. My father lives in New York. He raised me here in Jamaica and then migrated and married and had two other children. I am the eldest of his five children, two of whom were living in Jamaica. He filed for his other two children and didn’t file for me.

I have been through so much, he told me a lie that he was filing for me. I honestly have been trying to get my visa; I applied three times and was unsuccessful. The embassy told me that I am eligible for a green card and I should let my father file for me. Honestly, he hasn’t been doing what a father was supposed to do from all these years. He doesn’t answer my calls and doesn’t call for years, and then make promises he doesn’t fulfil.

I am honestly struggling so much. I have a small business and it has been, and still is, rough. I need funding for it. I just want a better life. I want to be able to travel, so I am seeking some help where this is concerned.

SR

Dear SR:

Sorry to hear that you and your father do not have a close relationship. Unfortunately, this happens sometimes in families. I know it must be painful for you, but the reality is we can’t make other people do things they do not want to do. In order for you to migrate to America, you must have a willing petitioner. If your father has not and does not want to file a petition for you to migrate, you would not be able to move forward on your own.

PREPARE TO ASSIST HIM

I suggest trying to have one last talk with your father regarding the migration issue and maybe suggest that both of you speak with an immigration attorney to assist in the process. It could be that your father cannot navigate the process, or maybe he can’t afford to file, so you must be prepared to assist. Even if he decides to file a petition for you, it will take more than seven years for a visa to become available.

In your application for a non-immigrant visa, the US Embassy has to be convinced that you intend to return to Jamaica. If you, at age 31, were to receive a non-immigrant visa and travel to America, you could not ‘overstay’ and benefit from any filing that your father would make; you would have to visit and return home. You should point out to the consular officer that your father has not filed for you to migrate although he has lived in America for years – if you are sure that he has never filed.

At the same time, the US Embassy has to be convinced that you have enough ties in Jamaica that would make you want to return. While you indicate you have a business, you should ensure that this is a registered business that you can produce documents to prove same. If your business is unregistered, and/ or is struggling, you should consider other legitimate alternatives to earning income in Jamaica and in a way that can be documented.