Immigration Corner | Can dad file for me while he is on an IRS payment plan?

Dear Mrs Walker-Huntington,

I am a Jamaican citizen by birth and my father has been a green card holder for the past 20 years. Can he file for me and my children if he is currently on a payment plan with the IRS? And how much would it cost him to file for his US citizenship?

Regards,

– D.M.

Dear D.M.:

A Green Card holder can file for their spouse, unmarried children under 21 years of age and adult unmarried sons/daughters. Once a person is 21 years old, they are considered an adult by the US immigration laws.

If you are not legally married, your Green Card holder father can file a petition for you to become a lawful permanent resident of the United States. In this instance, any child you have (who is under 21 years old) is considered a derivative beneficiary of your petition, and that child is added to the filing. Even if you have a child after your father’s petition is filed, that after born child may be added to the filing when it is ready for visa processing.

When the filing gets to the visa processing stage, your father will be required to submit an Affidavit of Support. He will have to demonstrate that his income can support himself – any dependents he has in America, and you and your family who will be migrating. The fact that he is making payments to satisfy his income tax obligations to the IRS will not impact on the Affidavit of Support. If his income is not sufficient to satisfy the requirements, you can find a Joint Sponsor; or if your dad has liquid assets five times the difference of his income shortfall – he can produce that evidence to the National Visa Centre.

To process this citizenship application, he can consult the US Citizenship & Immigration Services website at www.usics.gov or retain an attorney to assist.

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