Immigration | Will they give my son a visa?

Good day, Mrs Walker-Huntington,

I am currently in the process of removing the conditions from my Green Card. I have a child in Jamaica who lives with his grandparents. I’m not ready to start the filing process until I become a US citizen.

My child and his grandfather went to get a visa but my son was denied. They were told that he had no ties to the country, even though his grandfather took evidence to support otherwise. The officer didn’t even look at them.

In this political climate, I would never take my child permanently from Jamaica without going about it the right way. I want them to visit until I’m ready to file.

I guess my questions are; is it worth it to try again in a few months to get my son a visa. Will they deny him again because I’m here or should I just wait until I get my citizenship to file for him.

Looking forward to hearing from you.

C.P.

Dear C.P.,

A Green Card holder is eligible to file for his/her spouse, minor children (under 21 years old), and their unmarried sons/daughters (over 21). US immigration law makes a distinction between children – those under 21 years of age, and sons and daughters - and those over 21 years old. A Green Card holder cannot file for a married son/daughter. There is no need for a Green Card holder to wait until they are a US citizen to file a petition for their child – unless that beneficiary/child is married.

The spouse and children of a Green Card holder are in the F2A preference category for which this month’s priority date is July 22, 2026; and, in this month, the adult, unmarried sons/daughters of Green Card holders (F2B category) have priority dates of January 1, 2028. If the F2A beneficiary child turns 21 years old while a petition is pending, they will be moved to the F2B category, and their waiting period will move from a few months to several years.

Anyone applying for a non-immigrant (visitor’s visa) is presumed to have an intention to migrate – no matter their age and must demonstrate to the consular officer that they have sufficient ties to their home country that they will return after a brief visit. If a child has a parent who is a Green Card holder in America, the presumption to migrate is high and, if a consular officer has already determined that the child lacks ties to home, the likelihood of the granting of a visitor’s visa is greatly diminished.

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