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Bringing Divorced Daughter of Permanent Resident to U.S.

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Country: Russia
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"A lawful permanent resident may petition for:

* A child (unmarried and under 21 years of age)

* An unmarried son or daughter ( 21 years of age and older)"

My wife, who is a permanent resident, would like to bring her daughter, who is 25 years old, to the U.S. Her daughter was married but is now divorced. Would her daughter fall into the "unmarried daughter (21 years of age and older)" category or would the fact that her daughter had been married exclude her? Thank you for your help.

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This sentence:

"You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse."
from here: http://www.uscis.gov/graphics/services/residency/family.htm makes me think that a divorced daughter would be considered the same as an unmarried daughter. Because if a divorced son/daughter was the same as a married son/daughter, then the son/daughter's divorce wouldn't affect his/her eligibility.

But that's just the way I'm reading it, I don't actually know.

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

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28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

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Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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Filed: K-1 Visa Country: England
Timeline
"A lawful permanent resident may petition for:

* A child (unmarried and under 21 years of age)

* An unmarried son or daughter ( 21 years of age and older)"

My wife, who is a permanent resident, would like to bring her daughter, who is 25 years old, to the U.S. Her daughter was married but is now divorced. Would her daughter fall into the "unmarried daughter (21 years of age and older)" category or would the fact that her daughter had been married exclude her? Thank you for your help.

I don't think the divorce will exclude her - but you are aware of how long this process is, aren't you? Who knows, she may want to re-marry within the next 10 years and then she would be unable to take this route.

For an LPR to sponsor a son/daughter over the age of 21 you need to apply for the I-130 to be approved - this is taking approximately a year at the moment, then she would be placed in the Second Preference Catagory and the wait for a vist is, at the moment, around 10 years!

If you wait until you are a citizen and then sponsor her the wait is reduced to approximately 4.5 years (as the numbers stand at the moment).

Sorry, I am sure this is not what you want to hear - I would seriously look at what other options you may have if you want her to be here any time soon.

Our journey started in 2001 and it's still not over. It's been a rollercoaster ride all the way! Let me off - I wanna be sick!

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