Sat | Oct 20, 2018

Immigration Corner | Will I be approved?

Published:Tuesday | January 30, 2018 | 12:00 AM

Dear Mrs Walker-Huntington,

I am 21 years old. I am married and have a son who is nine months old. My dad, who has been an American citizen for quite some time, recently started filing for me to live with him in America. So, for reassurance I would like to know if my application will be successful.

- S

Dear S,

No one can assure you that your father's petition for US residency will be successful and that you will be able to migrate to America with your family to live.

There are many reasons why a petition for US residency may not succeed. However, in your situation where a father is filing for his married son, it would be important to know if your father was married to your mother at any point after your birth, and also if and when your father's name was added to your birth certificate.

Two of the causes of denial of petitions between fathers and their children is the issue of proving the biological relationship (paternity) and proving the parent-child relationship when the son or daughter was not born to married parents. If this is your situation, you should begin to secure proof of your relationship with your father, i.e., that your father supported you financially and that you had a relationship with him before your 18th birthday. At some point during the process, you may also be asked to submit to a paternity test to prove that you are your father's biological child.

As a married son of an American citizen, you are in the F3 preference category, and visas are currently available for persons who were filed for in October 2005. That category is currently taking just over 12 years for completion of the process for the son or daughter to obtain a green card.

- Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal, international and personal injury law in Florida. She is a mediator, arbitrator and special magistrate in Broward County, Florida.