Immigration Corner | Can my disabled father file for me?

Dear Mrs Walker-Huntington,

My aunt filed for my father but he has a disability. Can he file for his children over the age of 21?

Thank you.

SA

Dear SA,

I am assuming that your father is a green card holder/permanent resident of the United States. As such, he can file for his spouse and unmarried children – no matter how old they are. He cannot, however, file for any married son or daughter. If your father is a US citizen, he can also file for his spouse and both unmarried and married son or daughter. As a citizen, he would also be able to file a petition for his parents and siblings.

Being disabled does not prevent your father from filing a petition for any of the family members listed above. However, if he is unemployed, he would need a joint financial sponsor when the petition(s) gets to the stage where an Affidavit of Support (AOS) is required. All family petitions require the petitioner to submit an AOS with proof of income and/or assets, to show the US government that they can support their family members. This support must be in line with the US government’s guidelines according to the number of persons in the family unit.

If a petitioner does not meet the guidelines, they are required to secure another person (permanent resident or US citizen) to be the joint sponsor who can show that they have sufficient income and/or assets to support the intending immigrant. As there are often long waiting periods for the various family petition categories, your father should file for his eligible family members as soon as possible.

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