Should my mother file for her children, or should I?

Dear Mrs Walker Huntington,

IHAVE a question regarding filing for my siblings.

I filed for my mother, who now resides in New York City. She is unemployed and disabled with several medical issues, including dementia.

I have three siblings in Jamaica, who are my mother’s children. Can she file for them, or should I do so since my mother is unemployed and sick?

I am seeking your advice on how to proceed with this matter.

– T.B.

Dear T.B.,

I am sorry to learn that your mother is ill. Your mother, as a lawful permanent resident, can petition for her unmarried sons and daughters. A over 21-year-old son/daughter would be in the F2B category, and it is now taking five years for a visa to become available. If any of her children are married and she is a green card holder, she cannot petition for her married son/daughter to migrate.

If your mother is a US citizen, she can file for both her married and unmarried son/daughter. An unmarried son/daughter is the F1 category and it currently takes six years for a visa to be available in that category. If they are married, it takes 12 years.

As a sibling, you must be a US citizen in order to file for your brother/sister to migrate to America. That is the F4 category and the one that takes the longest for a visa – 14 years.

Although your mother is not working, she can still petition for her son/daughter, but you should be careful about what, if any, government assistance your mother might be receiving. The receipt of government benefits could have an impact on the process when your siblings go in for their interview with respect to public charge. Also, with regard to public charge, your siblings must be prepared to demonstrate to the consular officer that they will be able to financially care for themselves in America – they must be employable, and/or have their own financial ability to be independent.

Although your mother’s petition will be quicker than a US citizen sibling’s, it does not hurt to have both of you petition for your siblings. This is recommended in the event that your mother should pass away before the files are ready for consular processing. Although there is a humanitarian process for a substitute sponsor if a petitioner dies before the visa is issued and after the petition is approved, it is not a process that is resolved timely. In an abundance of caution, it is highly recommended that you both petition for your siblings. 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