Immigration Corner | Will my child get a visa?

Dear Mrs Walker-Huntington,

My small daughter and I were filed for, but through no fault of mine, our immigrant visa was denied. I just want to know if my daughter would be able to get a visitor’s visa on her own. My family and cousins would love to give her a trip to the USA for the first time.

RS

Dear RS,

Not quite understanding what you mean that your immigrant visa was denied through no fault of yours. If the visa was denied, but you are not inadmissible to the United States, then the petition should be refiled. Depending on who your petitioner is (parent, US citizen sibling, or green card spouse), your minor child would become a derivative of your petition and be able to travel to America with you.

Anyone applying for a non-immigrant (visitor’s) visa must convince the consular officer that they have enough ties to their home country to which they will return. Oftentimes, it is more difficult for children to meet that threshold than adults. Children have no ties per se – they go where their parents take them. Parents usually show that children are enrolled in school, and beyond that, there is very little evidence that can be presented that the child will return home after a visit.

It is left to the discretion of the consular officer if he/she wants to give the child an opportunity to travel to visit family in America. Sadly, children who are sometimes sent to family members in America and do not return home become undocumented in the process. This leads to the denial of visas to children who only want to holiday in America. It is unwise for parents to send their children to America without taking them back. Although they think they are helping their children in this regard, they harm the children who, upon reaching 18 years old, accrue unlawful presence that can harm their future.

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