Immigration Corner | Filing for a child while living overseas

Dear Mrs Walker-Huntington,

I need some information. I have been a green card holder since 2017, but I only travel to the United States every six months. So I don’t pay any taxes there. Is there a way that I could file for my child?

Thank you.

– W.E.

Dear W.E.,

As a lawful permanent resident (green card holder) of the United States, you are required to work and live in America. If you are unable to live in America, you should apply for a re-entry permit that, if granted, would allow you to remain outside the United States for up to two years. The re-Entry permit is renewable in certain circumstances.

During the re-entry permit process, you need to explain and document your reasons for not being able to live in America at the time of filing, while at the same time maintaining a domicile in America. Going to America every six months to make an entry into the United States does not satisfy the requirements of being a permanent resident. You may have been doing this for a number of years without encountering any issues upon arrival in the United States, but it is only a matter of time before a Customs and Border Protection officer questions your travel and, ultimately, your residency status.

As soon as a person becomes a green card holder, they are required to abide by all US regulations, and one of those is filing federal income taxes on a yearly basis on their worldwide income. This means that although you have been only entering the United States twice per year, as a green card holder, you need to file your federal income taxes. Depending on which state is your domicile in America, you may also need to file state income taxes – for advice on this and all US tax matters, you should consult with a US-certified public accountant.

A green card holder can file for their unmarried child, but at the time of consular processing – when the visa is ready for processing by the National Visa Center, the green card holder parent must be living in America. If you are granted a re-entry permit and continue to reside in Jamaica with the child at the time of consular processing, you would be required to demonstrate to the US Embassy (at the child’s visa interview) that you will migrate to America once the child is granted his/her green card visa.

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