Jamaica Gleaner

Can I get a visa to visit my husband?

- Dahlia Walker Huntington

Good day Mrs Walker-Huntington: I am a Jamaican and my husband is a permanent resident of the United States of America. He applied for his citizenshi­p a year and he has not been called for an interview. He wanted to become a citizen so we could be together. I miss my husband and I would just want to travel to see him and come back home until the citizenshi­p comes through. What is the chance of getting a visa to visit him? S.B.

Dear S.B.:

As a permanent resident of the United States (green card holder), your husband is eligible to file a petition for his wife and unmarried children. Currently, it takes two years for a visa to become available for the spouse of a green card holder. I don’t know how long you and your husband have been married and who filed for him to receive a green card, but he should have already filed a petition for you to join him in America. I am assuming that he validly obtained his green card.

When a person files for naturalisa­tion (US citizenshi­p), the receipt notice says that the petition takes 720 days – two years – to be processed. For years, the actual processing time has been four to six months. However, if the applicatio­n takes longer (but no longer than two years), US Citizenshi­p & Immigratio­n Services (USCIS) is still within its processing time to handle your case.

Since the Trump Administra­tion has been in office, it has redirected staff and priorities at USCIS, and this has led to significan­tly longer than normal processing times for almost all applicatio­ns. While your husband’s citizenshi­p applicatio­n has taken more than a year, it is still within the stated processing time.

When a person has a family member such as a husband in the United States, it is more difficult to be granted a nonimmigra­nt visa. All applicants for nonimmigra­nt visas are assigned a presumptio­n that they intend to migrate. When the applicant has a close family member in the US, the presumptio­n increases and the likelihood of being granted a visa decreases.

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 County, Florida. info@walkerhunt­ington.com

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