Immigration Corner | My daughter is unemployed, can she file for me?

Dear Mrs Walker-Huntington,

My 27-year-old daughter has been a green-card holder for 10 years. She is unemployed now, but she has worked for six years. Can she file for me now?

DM

Dear DM,

Your daughter as a green-card holder cannot file for a parent. Only an American citizen can file for a parent. Your daughter could be eligible to become a US citizen. Certainly, she has been a permanent resident for more than five years, but she must also have lived in America for at least half of the last five years. Additionally, she must not have been outside of the United States for any period of six months or more during the last five years. There are additional requirements, e.g., she must be a person of good moral character, that she must meet. If your daughter has ever been arrested, she should consult with an immigration attorney as to her exposure to removal if she files for US citizenship.

A petitioner does not have to be employed or have any source of income to sponsor a relative. There is a requirement that an intending immigrant demonstrate that they will not become a public charge on the US government, and that is satisfied with the petitioner filing an Affidavit of Support (AOS). The petitioner must demonstrate that they have enough income or liquid assets to support the intending immigrant(s), according to the US government poverty guidelines. However, if the petitioner has no income or insufficient income, they can secure a joint financial sponsor to file an additional AOS.

Hopefully, your daughter will be eligible for US citizenship and she can then file a petition for a green card on your behalf.

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