QUESTION
What happens if a green card is filed open for an unmarried son but the son is now married?
Asked on Aug 15th, 2013 on Immigration - Utah
More details to this question:
My mother is a legal resident and citizen of the United States. This is regarding my file and form I 130 that we filed. Initially we filled for I 130 in 2006 when my mother was under her green card and I was single in India. Then I got married in 2007 but no action was taken place at that time. Then in 2011, my mother became a legal citizen of this country and at that time we again filed for I 130 for both me and my wife this time. Now my question is what is the right way to take this case forward as the 2006 file has opened and we got response from the immigration office. What are the options we have and what would you suggest us to do? Please take this into consideration and get back to me asap. Thank you in advance for you cooperation.
2 ANSWERS
Adebola O. Asekun
If your mother is a green card holder, her petition for you is under F2A "unmarried adult son/daughter of an LPR" that means you must remain unmarried and if you do, the petition is automatically void since a necessary condition for getting a green card in that category is that you must remain unmarried
Answered on Aug 20th, 2013 at 9:11 AM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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A parent who is a Permanent Resident can file a petition only for his/her unmarried child. Once the child is married, that I-130 petition is no longer valid. So in your case, the petition that your mother filed for you when you were single became "unapprovable" and invalid once you got married. However, the petition that your mother filed again after becoming a U.S. citizen is still valid and that is the petition you would have to rely on to get your immigrant visa or Permanent Residence.
Answered on Aug 20th, 2013 at 12:28 AM