Immigration Corner | I want to visit my sick husband

Dear Mrs Walker Huntington,

My husband has filed for me and my 12-year-old daughter. He received the Notice of Action on October 30, 2018, stating that the I-130 was approved and was sent to the NVC. It also states that we should get a reply from the NVC in a minimum of 30 days.

My question is, my husband is sick and I want to travel on my break in December to look for him. Do you think I can travel, or would it be a problem? I have a United States visitor's visa.

Concerned

Dear Concerned,

You did not indicate whether your husband is a US citizen or a green card holder. His status will have an impact on how rapidly the second phase of your petition will be processed.

If your husband is a US citizen, the file will move directly towards consular processing as visas will be immediately available for you and your daughter. You will be asked to pay the necessary fees and proceed to process the next round of documents and forms. However, if he is a green card holder, the processing will not begin for a few months and closer to the time when a visa is available for you and your daughter.

If you have a non-immigrant (visitor's) visa, that visa gives you permission to legally travel to the border of the United States and ask the Customs and Border Protection (CBP) officer to be admitted into the United States. That admission can be granted or denied based on numerous factors. One of the factors that the CBP officer takes into account is whether the person asking to be admitted is going to return to their home country or enter the United States and not leave within the time allotted.

If you are employed in Jamaica and would be going to visit your husband for the holidays, please ensure that you travel with proof of your employment and ties to Jamaica that you would not abandon without proper notice. Once the CBP officer is convinced that you would only be visiting the United States, there should be no difficulty with travelling while your petition is pending. Ensure that you are honest with all your answers to questions posed by the CBP officer, as you do not want to make yourself inadmissible to the United States by giving convenient answers.

- 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