Family Based Immigration for a divorced daughter.

Asked about 3 years ago - New City, NY

I am a US citizen and asking this question for my sister's daughter.

I have filed for my sister ,under family based F4 category.The priority date is May 2000 and the approval date is June 2008 (took more than 8 years for approval).

She has a daughter ,who is 26 years of age. The daughter got married 2 years ago,but now she is divorced (legally terminated on July 2011).

Will she get protection under CSPA( Child status protection Act) as an unmarried daughter ? And is she able to migrate along with her parents to USA.?.

Attorney answers (2)

  1. Stuart Jonas Reich


    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . She won't be able to come with her parents, and although a lawyer should thoroughly check the CSPA possibility I strongly doubt she would be covered here even if listed as a derivative.

    If your sister is able to emigrate under your petition and become a permanent resident, she will be able to petition for her daughter in the Family 2B category. This also has an extremely long wait time, and requires that your niece remain unmarried (this situation can get a bit better if your sister later naturalizes).

    Speak with an attorney for further guidance.

  2. J Charles Ferrari

    Contributor Level 20

    Answered . Probably not. CSPA is calculated at the time the priority date becomes current.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more

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