Immigration Corner | I don't want to leave my son behind

Dear Mrs Walker-Huntington,

I read your column every week and would really appreciate some insight in this matter. My husband and I have been together for more than seven years, but we only got married in February of this year. He is a permanent resident of the USA and is to start filing for me in January 2019.

Can he add my son, who is 19 years old to the filing? He lives with me and we are solely responsible for him as his father passed away more than two years ago.

My husband will also be applying for his citizenship next year. How would this impact his filing for me as well as my son?

Thanks and regards.

- SAE

Dear SAE,

Thank you for your continued support of this column.

It appears that your son was already 18 years old in February 2018 when you married your husband. If that is so, unfortunately your husband would not be able to file for him as a step-parent. In order for a step-parent relationship to benefit a stepchild or vice versa for immigration purposes, the marriage that creates the step relationship must take place before the stepchild is 18 years old.

Your husband should not delay filing for you and should have done so immediately after your marriage. As a green card holder filing for his wife, your petition currently takes two years to an interview. Once you receive your US residency, you would have to file for your son also as a permanent resident. If your son's process is completed before he is 21 years old, it would take two years. However, as a permanent resident filing for your son, if he turns 21 before becoming a resident, he would be moved to a different category that would take at least seven years for him to gain US residency.

If your husband becomes a US citizen during the filing process, it would speed up your processing time. However, since your husband has not yet filed for his citizenship, it might not help you because the processing times for citizenship can be up to two years.

The bottom line is, your husband needs to act now to file for you and if he is eligible, file for his US citizenship.

- 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 special magistrate in Broward County, Florida. info@walkerhuntington.com