Immigration Corner | How should my father proceed?

Dear Mrs Walker Huntington,

My dad is a permanent resident in the United States and is desirous of filing for me. He has, however, misplaced his green card and has applied for a replacement.

He has indicated that he would like to get back the green card first, apply for his citizenship and then submit my application. I am in my mid-30s.

Is this the most efficient route my father has chosen? Additionally, how long will a process like this take?

Thanks for your response.

Concerned Daughter

Dear Concerned Daughter,

It is great that you father has immediately applied to replace his green card, because it is compulsory that a permanent resident have their green card in their possession at all times. For security reasons, a copy of the green card should be kept at home and the original kept in the immigrant's possession.

The US Citizenship & Immigration Services' (USCIS) website, www.uscis.gov, indicates that the processing time for the replacement green card is four to 10.5 months. It would probably be in your father's best interest if he took the receipt notice from the filing to replace the green card and copy of the green card - if he has one - to the local USCIS office and request a stamp of the green card visa in his passport. He will need to make an Info Pass appointment prior to going in for the visa stamp. This assumes that he has no issues with his US residency, e.g., prior arrests, etc.

You did not indicate whether you are single or married. This matters to your father's filing because a green card holder cannot file for a married son/daughter, only a US citizen can file for their married son/daughter. If you are single, it would save time if your father filed for you now while he is a permanent resident, as your filing date would be preserved. Once your father becomes a US citizen, he could update the filing to that of a US citizen, but you would maintain the original filing date.

As of November 2018, visas were available for petitions filed by permanent residents for their over-21-year-old, unmarried sons/daughters before January 1, 2012. Meanwhile, visas filed for by US citizens for their over-21-year-old unmarried sons/daughters before June 22, 2011 were currently available.

- 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