Immigration Corner | Can I appeal my visa denial?

Dear Mrs Walker-Huntington,

My mom filed for my brother, my daughter and me. We did the medical exam, and on the day of the interview, we were denied the visa. They said it was because my mother created an error on the paper. They told us that my mother was a resident when she filed for us, but I got married and divorce before the filing came through.

I just wanted to know, can I appeal this decision?

MA

Dear MA,

A United States green card holder (lawful permanent resident) can file petitions for their spouse or unmarried children to migrate to the United States. Once a son or daughter marries while a petition is pending, and their parent is still a green card holder, the petition is automatically voided. The petition is not revivable even if the married son or daughter divorces – this applies even if the parent becomes a US citizen before the interview. A permanent resident cannot file a petition for their married son or daughter.

If a US citizen petitions for their unmarried son or daughter and they marry during the process, their category changes and the filing will take longer but the petition does not end as with the petition filed by a permanent resident.

You said your mother also filed for your brother – his petition should not be denied because your petition was denied. His should be a separate petition, but if he also got married while your mother was a permanent resident, then his petition would be void same as yours. You are the primary beneficiary and your daughter is the derivative beneficiary of your mother’s petition. Therefore, if your petition is denied, your daughter’s would also fail.

You also said that the Consular Officer told you that your mother created an error on the paper. This could mean that there is an additional error in the filing and you and or your mother should consult with an immigration attorney in your case.

You cannot file an appeal if you or your mother made an error in the filing process, and/or if you got married while your mother was a permanent resident. Your mother would have to refile the petition for you to migrate to America.

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