Can someone file for immigration status again after getting a divorce? 4 Answers as of January 18, 2011

If a wife divorces her husband before the immigration appeal is finalized, is he able to divorce, remarry and submit his paperwork for immigration status again? Or is it just a one time try?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In most cases there is no limit on the number of times you can apply for permanent residency assuming you meet the requirements to file each time UNLESS there has ever been a finding of fraud or you entered on a fiance visa which limits you to filing through that spouse or returning home to file.
Answer Applies to: California
Replied: 1/18/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, as far as I am aware, it is not "a one time try", but, obviously, the more times that it is tried, the more questions immigration authorities are likely to have regarding the integrity of the marriage at issue.
Answer Applies to: Virginia
Replied: 1/12/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Marriage is individual rights. No law will prohibit you to choose. However, your immigration case is going to be examined closely. A lawyer is absolutely needed!
Answer Applies to: Florida
Replied: 1/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You can file based on a new marriage to someone else. This is no limit on the number of petitions you file as long as you qualify for each petition. However, the denial of a prior petition can affect subsequent petitions depending on the reason for the denial. As an example, an I-130 petition denied because the USCIS found that the marriage was fraudulent will likely prevent the approval of another I-130 petition based on marriage to someone else.
Answer Applies to: California
Replied: 1/10/2011
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