Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I am from India. My father filed an I-130 immigrant petition for me under the F2B category in 2012. I did not know the immigration rules, and I got married in 2014. My father became a citizen in 2015. I only now found out about the immigration rule that I should not have gotten married until after my father became a citizen. Is there any chance for me to get a visa under the F3 category using the petition my father filed for me in 2012 when a visa becomes available in that category?
THE IMMIGRATION ANSWER MAN: I am sorry, but no. Under USCIS’s current interpretation of the law, when you married, your petition automatically became revoked, as it is not possible for a US Permanent Resident (green card holder) to petition for a married son. Your father will need to file a new petition for you under the F3 category.
Published 8/20/18 by attorney Ari Sauer.
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Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to firstname.lastname@example.org. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.