Immigration Corner | I need a visa to visit my daughter, but I can't get one

Dear Mrs Walker-Huntington,

I applied for a US visa two times and got turned down both times. I want to apply for it again. I want to visit my daughter, who was born in the US. The last time I applied for the visa, I stated that I wanted to visit my daughter for Thanksgiving, which I really wanted to do, but I got turned down.

I want to try again to see if I will be given the visa to visit my daughter for Thanksgiving, because I will go on leave in the November and I would love to visit her and spend it with her.

I need advice on what I should really do or say on the form, because persons keep saying if I say I am going to visit my daughter, I won't get the visa.

- AM

Dear AM,

Above all else, you MUST tell the truth on your visa application. Never say something other than the truth in the hopes that the answer you give on the application form will persuade the consular officer to grant you the visa. If you lie on your visa application, that is immigration fraud and you will be barred forever from travelling to the United States as a visitor or as a permanent resident - unless you are granted a waiver.

SECURING A WAIVER

A waiver is a difficult relief to be granted, and in some cases - such as when a US citizen son or daughter files for their parent - no waiver is available for immigration fraud. Even when a waiver is available, you would have to show very convincing reasons why it should be granted.

Most times when visitors' visa applications are denied, it is because the interviewing consular officer does not believe that the applicant has enough ties to their home country that will make them return after a visit to the United States. You did not say how old your US citizen daughter is, but if she is older than 21 years, she would be able to file a petition for you to live in America. Actually, you would not have to return to Jamaica once you entered the United States if you have a 21-year-old US citizen daughter. This may be the reason why the consular officer does not believe that you would only visit and return home after the Thanksgiving holiday.

Keep trying for the visa and maybe a consular officer may give you a chance to prove yourself that you only wish to visit and return to Jamaica. If your daughter is over 21 years old and you think you may want to live in America, you should speak with her about filing for you to get a green card.

- 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.