Immigration Corner | We are tired of waiting

Dear Mrs Walker-Huntington,

I am hoping that you will be able to help me in my situation. My husband, who is currently a green card holder, and I got married in 2019 right after he did his biometric. He was then asked to do the test and interview in September 2020. Which he did and passed. However, they had asked for our marriage certificate, which he didn’t have at the moment. He sent in the information the same day by their website. We have been waiting on a response from the USCIS from September 2020, and he is way outside of the waiting period. Each time we call they send in a service request, but we are not getting any answers.

I am tired of my son asking why he cannot go to visit his father. My husband is not able to visit Jamaica because of his job. I really appreciate your advice on the best way forward.

– S.N.

Dear SN:

Although you did not state it clearly, it appears that your husband filed for his US citizenship and you appear to be waiting on him to become a US citizen before he files for you and your son to migrate to America.

To be absolutely clear, a green card holder/lawful US permanent resident can file petitions for their husband/wife, (F2A) minor child (F2A), and adult, unmarried son/daughter (F2B). The waiting period for the spouse and minor children to have a visa available to them is current – which means as quickly as the paperwork can be processed.

Many persons like you believe that only US citizens can petition for family members to join them in America and suffer needless separation because of this lack of information. If your husband is filing for his US citizenship, it means that he has been a permanent resident at least five years, during which time he could have married you and filed for you and your son.

Your husband should petition for you and your son immediately but consult with an immigration lawyer as to how to proceed.

Dahlia Walker-Huntington is a Jamaican-American attorney who practises Immigration law in the United States; and Family, Criminal & International law in Florida. She is a mediator and former Special Magistrate & Hearing Officer in Broward County, Florida. Send feedback to info@walkerhuntington.com