Port Saint Lucie, FL asked in Immigration Law for Florida

Q: My mother is a citizen she applied for me in 2016. I have since divorced. Can I apply under a different category.

I live in the US

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2 Lawyer Answers
Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: You don't need to reapply. Rather, you and your mother could send notification to USCIS (if the petition is still pending there) or to the National Visa Center (if the case is now there) that you have divorced with proof thereof (e.g., divorce judgment). Using the existing petition, they will simply re-categorize you to adult unmarried child of U.S. Citizen.

Adan Vega agrees with this answer

Linda Liang
Linda Liang
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Your Mom is the petitioner. If anything, she has to file. However, your marital status does not make a huge difference in terms of wait time. The difference it makes is whether your family can follow and join.

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