Many Jamaicans and people from the Caribbean have pending US immigration cases as their family petition for them to live permanently in the USA.
Described by many people as being “on filing”, there are several myths about this process which cause problems.
Let’s explore some of them:
1. You cannot travel to the USA with a petition pending.
This is simply not true. No US law says this. The immigration process is quite long, and people must continue to live and work during this time.
As such, persons’ business and personal commitments might require US travel. Don’t be afraid to travel on any other US visa you hold while a petition is pending.
2. You cannot disclose that you have several children from different unions, or your petition will be denied.
Lying about the number of children will cause serious problems when it is discovered. If you try to petition for those children in the future, you may also be denied.
3. You cannot live or work outside your home country where you will interview to come to the USA.
If you live somewhere for a year or more, you will need to submit a valid police report from that country along with your other documentation.
4. There are several ways to expedite your case’s processing.
The US immigration authorities have a specific schedule that they use for the processing of immigration cases.
If there are extremely extenuating circumstances, you can advise, but there are only very rare cases which will benefit from a decision outside of the schedule.
*This article does not constitute legal advice and is intended for informational purposes only.
Nadine C Atkinson-Flowers is admitted to practice in the USA and Jamaica. Her US practice is in the area of immigration, while her Jamaican practice areas include immigration and general legal consultancy. She has been an attorney for over 15 years in Jamaica and has written articles for several legal publications. She is passionate about access to justice issues and volunteers with several legal, business, children and community service organisations in Jamaica and the US. She can be contacted at [email protected]
