Immigration Corner | Help us get over this hurdle

Dear Mrs Walker-Huntington,

My daughter’s grandmother is filing for her dad and she’s on her dad’s filing. Last June they had a date for medical and interview. At the medical, the dad had a chest cold. He was told to come back in three days to pass up the cold, which had to be tested in Canada to see if it was a bacteria; and that it would take two months to be returned. They were also told not to go to the interview, and they did not.

In September of last year, the hospital called and told me that the result was back and that they sent it to the embassy. They also said that if I did not hear from them in five days I should call the embassy.

Since I wasn’t the one doing the filing, I told the grandmother what to do. When December came and I didn’t heard anything, I called the grandmother and asked her if she wanted me to contact the embassy. I did, and told them all that happened. The lady was just saying repeatedly “Why didn’t they come to the interview?” We haven’t heard anything from then, and we are just at a crossroads.

Please, we are begging for your help.

JR

Dear JR,

It is truly unfortunate that the US Embassy personnel responded to you in that fashion, instead of offering you assistance.

It is clear that there was misinformation given to your child’s father not to attend the immigrant visa appointment. Unless the interview is rescheduled, people should try their utmost to attend the visa appointment, and whatever documents are missing can be provided as a supplement to the interview.

Having said that, there are occasions when despite one’s best efforts, persons miss their immigrant visa appointments. There is a provision for the beneficiary, petitioner or their representative to contact the US Embassy via email to request the rescheduling of the immigrant visa appointment – with an explanation for why the appointment was missed. I suggest that you do that immediately as you are coming upon a year from the original appointment date and the file may be considered abandoned. Be prepared that the steps for consular processing may all have to be redone because of the amount of time that has passed, e.g., Affidavit of Support and Police Record, etc.

You can do this on behalf of your child and her father, or you can retain an attorney to handle this on their behalf. Please move quickly to get this done despite the crossroads where your family finds itself.

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