What will happen to my brother green card situation if they get divorce?

I applied to get a green card for my brother and his wife in July 2004. Their application was approved. They have been married for ten years. What will happen to my brother's green card situation if they get divorce?
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Answered By: Feldman Feldman & Associates, PC
If you have petitioned for your brother his divorce will have no effect on his application but it will mean his ex-wife can no longer immigrate through your petition. Any of their children would still be eligible to be included if unmarried and under 21.

Answer Applies to: California
Replied: 11/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Kazmi & Sakata
If they are still waiting for the immigrant visa, nothing will happen. He will process when the Visa is available and she will not.

Answer Applies to: California
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Fong & Associates
His marital status is not relevant to your petition for him. He will get his permanent residence.

Answer Applies to: Texas
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal
Your brother's immigrant visa petition should not be affected by the divorce. You may want to notify USCIS or the National Visa Center depending upon where the case is currently located once the divorce is final. You will need to make sure all future forms are changed to indicate he is divorced. Your brother should also make sure to obtain a certified copy of the divorce decree as he will need it later in the processing of his case.

Answer Applies to: New York
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ruiz Law Group, P.C.
If your brother has his permanent resident card then the divorce will have no effect he should be able to become a citizen after five years. However if the his green card is conditional 2 year then his status is in jeopardy if they divorce. Good luck!

Answer Applies to: New York
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Cardenas Law Firm
Because your application was for your brother, the fact that he gets married will have no effect on his ability to get his green card once his turn comes up on the visa bulletin.

Answer Applies to: Florida
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Jacob D. Geller
Your brother's petition (I assume you mean the I-130 petition) is dependent on the two of you remaining brothers and will not be affected by a divorce.

Answer Applies to: Massachusetts
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Fisher
If your petition was for your brother, his divorce will not affect it.

Answer Applies to: Colorado
Replied: 10/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joseph Law Firm
If you applied for your brother directly with a sibling petition and he subsequently divorces his wife, the divorce will have no effect on your petition for your brother. Once the divorce is final, his wife will not be able to immigrate with him on the petition, but since the petition is for him directly and she is just a derivative on the petition, the divorce will not effect his ability to immigrate on the petition.

Answer Applies to: Colorado
Replied: 10/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ajay K. Arora, Attorney-at-Law, P.C.
Your brother will still be included in the 4th family preference category and can immigrate when the priority date is current, but his (former) wife cannot immigrate with him: www.h1b1.com/sponsor.htm

Answer Applies to: New York
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Perez Immigration Law Firm
Your brother's application for residency will still be valid. However, your sister-in-law will become ineligible once they get divorced.

Answer Applies to: Tennessee
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Baughman & Wang
Nothing. Except his ex-wife will not be able to be an immigrant.

Answer Applies to: California
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Richard S. Kolomejec, Attorney at Law
Nothing. The application is still good.

Answer Applies to: California
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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