After a divorce is granted, can a person with a pending I485 appeal to still have the Green Card granted? 2 Answers as of June 20, 2011Our divorce was granted last year and my priority date for my I485 became current and my Green Card was granted. I know my ex loses his derivative benefits due to the divorce, but can my ex make an appeal to INS to have his I485 granted as we have a child together?
Baughman & Wang | Justin X. Wang
No. Once the relationship terminates, ex-spouse's eligibility ceases. He cannot appeal the denial of his I-485. In order for the family members to receive benefits from the principal application, they must maintain the relationship on the date of the principal applicant's I-485 approval.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
If USCIS knew your marriage status change, the green card would be revoked. If it is granted, it could be a temporary one. You are to be charged with fraud if you don't report material change such as divorce in your application. Your second application, if it happens, will be mostly doomed.
Answer Applies to: Florida