Immigration Issues/immigration


beneficiary is a minor derivative of a family petition. was single when petition was filed. later got married before  petition was approved. got divorced and immigrated as a non married person.
she remarried the same person when obtained her residence. question: can she petition for her husband that in in this case is the same she divorce? is there any problem?

Hi Raymond,

The only issue is potential fraud.  For example, if the beneficiary's immigrant visa benefits would not have existed if he or she was married, and he or she obtained a divorce in order to get the immigrant visa benefits, and later on re-marry the same person, naturally the question arises whether he or she divorced for the sole purpose of obtaining immigration benefits.

Because this person will later on re-marry the same spouse, a presumption may arise that he or she divorced to bypass the restriction of immigration law.  I don't have enough information here to know whether this will be a serious problem because if the beneficiary would've received the same immigration benefits, the fraud issue is less worrisome.

Also, this person should prepare a detailed explanation as to why there was a divorce and remarriage.  This case is still able to be approved, but many questions will be asked by the US Embassy or USCIS when the beneficiary's spouse go for an interview.

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

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LACBA 2011 Outstanding Public Service Award

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