What is the effect of marriage and divorce on a pending immigration case? 3 Answers as of March 03, 2011

PR father petitioned for daughter (unmarried and over 21). case pending. During pendency, daughter married but subsequently divorced. Case is almost ready for processessing at NVC - can she still be eligible in the 2b category.

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The Vega Law Firm
The Vega Law Firm | Linda Vega
So long as the daughter divorced before she turned 21, then she would not break the eligibility under the law. If she did not, then please see an attorney for assistance.
Answer Applies to: Texas
Replied: 3/3/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Some may say that the marriage cut off your daughter's status as eligible under preference 2B, but the processing was never presented until after the divorce. I would say that her 2B status remains.
Answer Applies to: California
Replied: 3/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
No she is not. As soon as she got married the petition was automatically cancelled since her father was only a PR. Her subsequent marriage does not revive the petition or unrevoke it. The Immigrant Visa application (Forms DS-230I&II) specifically asked if a person is single (never married), married, or divorced.
Answer Applies to: California
Replied: 3/3/2011
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