Immigration Corner | Can my son file for me before he turns 21?

Dear Mrs Walker-Huntington,

I am a resident and citizen of Jamaica. My son is an American citizen by his father’s status from birth. He currently resides in Florida.

My son would like to file for me. However, he was told that he could do so when he reaches age 21. He will be 20 years old in November of this year. His cousin, who is an American and is in a very stable job, has indicated that he would sign the affidavit of support to assist him to take me up before the age of 21. I am not sure how this goes and what forms are required to be completed.

Could you please assist me with this process? I would greatly appreciate your help. My son is currently living with his dad and stepmom. He is also in school, furthering his studies in computer engineering.

Thank you for your assistance.

– JW

Dear JW

An American citizen must be 21 years old in order to petition for their parent to migrate to the United States. Currently, your son is 19 years old. He must wait until his 21st birthday before he submits an application for you to gain US residency.

During the application process, he must provide an Affidavit of Support to demonstrate to the US government that he earns enough money to satisfy the income requirements to sponsor an immigrant to the United States. If he does not earn enough to meet the guidelines, he can supplement it with liquid assets five times the amount he is missing. Alternatively, he can secure a joint sponsor who is willing to sign an affidavit that they will take the responsibility to provide for you financially for 10 years or until you become a US citizen – whichever is sooner. This joint sponsor’s income must meet the guidelines for his family, plus you the intending immigrant.

Having a joint sponsor willing to take financial responsibility cannot move your son’s age eligibility to actually petition for you to become a permanent resident.

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