Legal Question in Immigration Law in California

I am a US Citizen and i just filed form I130 for my son who is above 21

- My son is currently single but was married in 2006 and divorced in 2010

I've selected Divorced in form I130 and mentioned his marriage end date.

My question

Which category would my son come under F1A or F3? or any other category?

Thank you for your time

Asked on 7/09/13, 3:51 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

He is F-1, because he is unmarried. It doesn't matter if he is unmarried due to divorce, death,or never having been married. As long as he was not married when you filed the I-130 & remains unmarried, then his category shall remain F-1.

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Answered on 7/10/13, 11:52 am

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