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Immigration Corner | How will divorce affect filing?

Published:Monday | July 31, 2017 | 12:00 AM

Dear Mrs Walker-Huntington,

My mom, a US citizen, filed for my siblings and me in 2009. All my siblings and children are now residing in US as they were single. I am the only one who was married, hence the delay based on my category. I am now divorced, and my mom has sent my divorce papers to the relevant authorities. Will I be placed in a different category for my filing to be expedited?

- D.L.

Dear D.L.,

You will absolutely be placed in a different category as a single adult daughter of a US citizen.

The married sons and daughters of US citizens are placed in the F3 preference category and visas are currently available for persons with priority dates of July 8, 2005. Unmarried adult sons and daughters of US citizens are in the first preference category and the priority date that is now current is December 22, 2010. This means that it is almost a five-year longer wait for a green card if you are a married daughter as opposed to being unmarried.

Since you were filed for in 2009, your priority date is now current and you are ready to participate in consular processing to eventually route your documents to the US embassy in for an interview.

It is not enough to send in your certified divorce documents to the National Visa Center (NVC); you must state specifically what you want the NVC to do and diligently follow up to ensure that your category is changed and your consular processing begins.

- Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal, international and personal injury law in Florida. She is a mediator, arbitrator and special magistrate in Broward County, Florida.