Will his delinquency be a burden?

Dear Mrs Walker-Huntington,

I am currently out of status in the United States (US). My husband, a US citizen, would love to file for an adjustment of status, however, we are worried that our petition may not be approved because he owes more than $20,000 in child support. Can he go ahead and file, or does he need to pay off his debt first? Thanks in advance.

- K.A.B.

Dear K.A.B.,

Owing child support is not preventative to you qualifying for an adjustment of status; however, it can speak to the character of your husband and may make the US Citizenship and Immigration Services (USCIS) officer delve more deeply into your relationship. This is especially so if he has not been paying towards his arrearage or does not have an arrangement to pay.

Being delinquent in child support can have grave consequences for individuals in the US, and penalties differ, depending on the state in which a person resides. Certainly, a person applying for US citizenship must be current on child support or be paying child support if he had previously been delinquent. Additionally, if a child support obligor has a federal income tax refund on his income tax return, his tax refund will be intercepted and put towards the delinquent child-support obligation. Also, the federal government can refuse to issue or renew a US passport to a delinquent child-support obligor. Various states have laws that will prevent the issuance or renewal of a driver's licence and other professional licences if child support is delinquent.

However, if child support is being paid, although there might be a past due amount, some of the above-listed penalties can be overcome.

What is important in filing for adjustment of status is to be truthful about your relationship, how you met, and your past. If the USCIS believes that you or your husband (the petitioner) has a doubtful past, your credibility in the application and interview process for a Green Card will be in doubt. USCIS also selects some applications for in-depth review and scrutiny, and if questions on the applications are not answered truthfully, it can come up during your interview.

You must meet the USCIS's burden of proving that you and your husband are in a true relationship and that you are commingling your assets and your debts.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigration law in the United States and family, criminal, and personal injury law in Florida. She is a mediator, arbitrator, and special magistrate in Broward County, Florida; and an adjunct professor at Miami Dade College's School of Criminal Justice. info@walkerhuntington.com