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Can a permanent resident petition for married son?

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  • Can a permanent resident petition for married son?

    I have a pending petition from my permanent resident mother as umarried son 21 or older but, I already got married, can she still petition me as married son?

  • #2
    I have a pending petition from my permanent resident mother as umarried son 21 or older but, I already got married, can she still petition me as married son?

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    • #3
      No. Now you have to wait for her to become US citizen.

      Comment


      • #4
        No-the petition will be automatically revoked by the INS due to your marriage, irrespective of your mother becoming a citizen.

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        • #5
          Unfortunately, she can do nothing for you at this time. When she becomes a USC then she can sponsor you and your wife under F3 or may try to upgrade your present petition if your priority date will not be current by the time she becomes USC.
          Good luck

          Comment


          • #6
            Umesh-

            You are incorrect. INA 205.1 states that the marriage of a son/daughter of an LPR is AUTOMATICALLY revoked to the date of approval. That means the PRIORITY DATE (F2 preference) is lost-there is no "upgrade" since he/she "falls off" the visa bulletin. Chris is correct. The mother can file a new petition IF she becomes a citizen. But our friend might be deported during the time in which he awaits another 3 years for the new priority date.

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            • #7
              That language technically is correct but if his priority date is not current by that time, then he can take chance because of USC mother.
              Any way F3 category also have a waiting period of 3 - 4 years.
              Good luck.

              Comment


              • #8
                Yes-with a NEW petition/priority date.

                Thank you

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