Can my husbands family petition for him if we get a divorce? 10 Answers as of January 17, 2011

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.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
No I they are residents. His siblings would need to be citizens to petition for him and the process would take about 10 years.
Answer Applies to: Florida
Replied: 1/17/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Yes your husband's family may be able to petition for him. However, he may have to wait up to 15 years to obatin legal permanent residency.

If a U.S. citizen spouse petitions for his/her spouse, the visa is available immediately.
Answer Applies to: Texas
Replied: 1/3/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | 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.
Answer Applies to: Tennessee
Replied: 1/3/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
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.
Answer Applies to: Oregon
Replied: 1/3/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    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.
    Answer Applies to: California
    Replied: 1/3/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Greencard holders can only petition for the spouses and children. Once his mother or siblings get citizenship, they can file petitions for him. However, the wait is lengthy and he may not be able to adjust status here in the U.S. since he is probably going to be out of status at the time the visas become current. Only immediate relatives can adjust with no concern for illegal time. I can't tell from your post if your husband entered legally or not, but that is also a concern in any application for a greencard.
    Answer Applies to: Virginia
    Replied: 1/3/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    The short answer is no: there is no corresponding category that would allow LPR parents or siblings petition for your husband. However, as usual, there are certainly many details that would need consideration in this case and a general reply on a website such as this one cannot replace proper advice by an immigration lawyer. Please consult an attorney.
    Answer Applies to: Florida
    Replied: 1/2/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    PR only get to sponsor spouse and immediate family, that is parents to sponsor unmarried children that are 21 years or younger.
    Answer Applies to: Florida
    Replied: 1/2/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    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 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.
    Answer Applies to: California
    Replied: 1/2/2011
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