Immigration Corner | Will my husband get back his green card?

Dear Mrs Walker-Huntington,

My husband was a green card holder at 10 years old. He was, however, sent back to Jamaica at age 14 by his father. It has now been 24 years. He was denied a visiting visa twice when they asked why he was out of the US for so long.

However, he managed to cross the border through Mexico and entered the US. Will he be able to get back his green card? Will he be able be file for his wife and kids?

Concerned Wife

Dear Concerned Wife,

I wish that you and your husband had reached out to an attorney for legal advice before embarking on the dangerous journey of crossing illegally into the United States.

Because your husband, as a green card holder, was outside of the United States for more than a year, he was considered to have abandoned his residency. Unfortunately, some children find themselves in this position after being filed for by a parent and that relationship sours once the child is in America. Sadly, the US-based parent withholds the green card after taking the child back to Jamaica. This only serves as a vindictive move against the child. Persons in such a position should immediately seek the advice of an attorney because delay can be life-altering, as in your husband’s situation.

Making a journey from Jamaica to illegally cross the US border is physically dangerous. The option is to present yourself at a US border crossing and apply for asylum – that is, to make a claim that you are in fear of living in your home country because you have been persecuted in the past and have a well-founded fear of future persecution, based on a specific ground. A finding of a frivolous asylum claim bars future migration to the United States.

Your husband, having entered the United States illegally, is subject to removal. He most certainly cannot ‘get back’ his original green card. He would have to be petitioned for a new green card by a sponsor, or if he has a credible claim for asylum. Your husband should immediately consult with an immigration lawyer in the United States, or he should try to find an immigrant resource centre.

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 diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com.