my mother who is permanent resident filed I-130 petition for my sister, unmarried child before 21 y.o when sister was 19. Petition got approved when sister turned 22.During processing case sister got married. But her marriage is not working out and she is in divorce proceeding. Can she still obtain green card through this petition if her divorce will be finalaized before embassy interview? Thank you.
1 Answer from Attorneys
Re: I-130 petition
When your sister married, she was no longer eligible for the preference status requested by your LPR mother's I-130 petition if she was over 21. USCIS probably did not know of her marraige or they would not have approved the I-130 after she turned 21. A divorce will not act to reinstate her preference status, but if she was married before turning 21 and it took 2 years to approve the I-130, she may benefit under the Child Status Protection Act. I suggest she meet with an immigration attorney with all relevant dates.
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