Immigration Corner | Is my petition still valid?

Dear Mrs Walker -Huntington,

It has been five years since my parents migrated to the United States (US). As soon as they got the chance, they submitted the necessary papers for me to start the filing process. However, I got married last year and my husband died a day after the wedding. I still went ahead and applied for the married certificate. I need to know if since my husband died, it still affects my filing. If yes, is there a way to fix this before the filing goes through?

FB

Dear FB,

I am so sorry to hear about the tragedy of your husband’s passing one day after your marriage.

A US citizen can file for their spouses, parents, siblings, and married and unmarried sons and daughters to migrate to America. Green card holders are permitted to file for their spouses and unmarried sons and daughters.

A petition for a relative to join another in America can only be filed by one person. When necessary, a second person can become a joint sponsor for the affidavit of support. So, although you say your “parents” filed for you, it is either your mother or father who filed your petition to migrate.

It would appear from your email that your parent filed for you before they became US citizens, as you say they migrated five years ago and filed a petition for you to join them in America soon after migrating. As a green card holder, your parent can only file for an unmarried son/daughter. This means the moment you married (while your parent was a green card holder), that initial petition became void. Although you became a widow, it does not reinstate your original petition.

In the interest of time, your parent should immediately file a second petition for you as an unmarried daughter. If your parent becomes a US citizen and you should marry during the process, your filing will change to that of a married daughter and take a significantly longer time for a visa to become available.

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