Immigration | Can a permanent resident file for her husband?

Good afternoon, Mrs Walker-Huntington:

I would like to know if a permanent resident can file for her husband who lives in Jamaica and how long it will take.

M.B.

Dear MB

The short answer is yes.

A lawful permanent resident of the United States (Green Card holder) can file a petition for their spouse and unmarried sons/daughters and minor children to migrate to the United States.

Spouses and minor children are in the F2A preference category, and the Department of State’s Visa Bulletin for October 2026 shows that visas are available for persons with a priority date of September 22, 2026. Adult sons/daughters (over 21 years old) are in the F2B preference category, and the Visa Bulletin for October 2026 indicates visa availability of August 22, 2019.

However, US Citizenship & Immigration Services (USCIS) lists processing times from years to when the DOS says visas are available. This is creating much confusion and uncertainty for people who are in these preference categories. When the USCIS receipt notice is received, it indicates where the file is – National Benefits Center, Service Center, or Field Office. This will dictate how long USCIS will take to process and approve a specific petition before it is sent to the Department of State for visa processing.

The current US administration has begun processing immigrant visas again, but there is now an added layer of screening for Public Charge admissibility. Anyone who intends to migrate to the United States, in addition to having a qualified Affidavit of Support from their sponsor and joint sponsor (if applicable), now needs to demonstrate that they – the intending immigrant, can support themselves in America. A variety of areas are examined, including but not limited to education, past employment, skills, available funds, assets, and business ownership. Every case is different, and a deep analysis must be made with each case and evidence secured to ensure issuance of the immigrant visa – even if your petition qualified with their Affidavit of Support. Both are necessary, and one does not replace the other.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal & international law in Florida. She is a mediator and former special magistrate & hearing officer in Broward County, Florida. info@walkerhuntington.com