Immigration Corner | Can I file for my son if I’m unemployed?

Dear Mrs Walker-Huntington,

I am a green card holder and I would like to petition for my son. However, I have only worked for six weeks since I am here in America. Can I do it if I am unemployed?

Please let me know. Thanks.

– A.M.

Dear A.M.,

As a green card holder, you are eligible to file a petition for permanent residence for your spouse, your minor child and your unmarried son or daughter. For US immigration purposes, a child is anyone under the age of 21 and son/daughter applies to persons over 21 years old. A green card holder cannot file a petition for a married son/daughter or child.

Being employed is not a requirement for sponsoring a family member. A petitioner/sponsor must submit an affidavit of support to demonstrate to the US government that they are financially able to support the intending immigrant. If you are unemployed or do not earn enough money, you can use assets to cover the deficit in the income. The amount of available assets must be five times the deficit and three times the deficit if the sponsor and intending immigrant are spouses.

In the alternative, if the sponsor’s income is not sufficient to support the intending immigrant, you can use a joint sponsor or a household member to cover the Affidavit of Support requirements. That person must be prepared to pledge to support the immigrant if they cannot support themselves for 10 years or until they become a US citizen – whichever is sooner.

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