Immigration Corner | How can my daughter get a green card?

Dear Mrs Walker-Huntington:

My daughter's grandmother, who is a United States citizen, filed a petition in February 2013 for my daughter's mom. My daughter was not added at the time of the filing and she is now 17, and will be 18 later this year. Can my daughter be added now before she turns 18? If not, will her mother be able to file for her when she gets her green card, and if so, up to what age?

O.T.

Dear O.T.,

It is unfortunate that the filing made for your daughter's mother was not thorough. One should always complete the US immigration forms with all the information at their disposal. There is no reason for withholding such pertinent information as the existence of your child. Withholding information can lead to US Department of Homeland Security or the Department of State questioning the reason for the omission at a later date.

Assuming that your daughter's mother is single and as stated, her mother is a US citizen, visas are available for persons in her preference category (F1) who were filed for in April 2011. At this point, I assume the file is with the US Department of State's National Visa Center (NVC) and that your ex has a priority date and a KNG case number. She should notify the NVC of her daughter by sending her biographic information and copies of her birth certificate and passport.

The critical age that is of importance to your daughter is 21, not 18. Your daughter can still be eligible as a derivative of her mother's petition if she is under 21 years of age when the visa is available, or if she is protected by the Child Status Protection Act. If your daughter does not qualify for the visa because she 'ages out', then her mother, as a green card holder, will be able to petition for a green card for her as long as she is single. If she gets married, she will have to wait until her mother becomes a US citizen, because a green card holder cannot petition for a married daughter/son.

- 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