QUESTION
Can my husbands family petition for him if we get a divorce?
Asked on Dec 31st, 2010 on Immigration - California
More details to this question:
I am an American citizen married to a Mexican immigrant. We are in the proses of getting his green card he already has a work card. If I divorce him can one of his siblings or mom petition him? They (his family) have their green cards already.
6 ANSWERS
No I they are residents. His siblings would need to be citizens to petition for him and the process would take about 10 years.
Answered on Jan 17th, 2011 at 5:43 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Once his siblings become a U,.S. citizen they could file for him but it would then be many years before he would be eligible to apply for permanent residency through that relationship. Best for him is if you get marital counseling and try to make it work.
Answered on Jan 03rd, 2011 at 5:43 PM
William C. Gosnell
Once married for two years then divorced then yes but if the marriage has not gone on for two years then no.
Answered on Jan 03rd, 2011 at 12:28 PM
There is no definitive answer to your question since there are many factors to consider, such as when and how he entered the US, etc. It is advisable to go to an attorney's office for a detailed consultation.
Answered on Jan 03rd, 2011 at 10:43 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If you divorce him before his Green Card is granted then he will not get a Green Card. As to one of his relatives petitioning him, yes they can, but he would have to start the process all over from the beginning and wait for the priority date for the new petition to become current.
Answered on Jan 03rd, 2011 at 9:28 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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If you divorce your husband, and he has a pending adjustment of status, he is in trouble....
An American sister or brother could file for him...it would take about 15 years for the poor guy to get his "paper". A Green card holder sibling can not file for him
His green card holder parent could file for him once he is divorced...this would take over 18 years.
Once you get divorce with youyr husband and he doesn't have the green card, the USCIS is aware of his trouble and lack of eligibility for a green card. They will send him to the immigration court for removal (deportation) proceedings.
Answered on Jan 02nd, 2011 at 6:43 PM