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Are my brothers still elegible for a green card?

Boca Raton, FL |

Hello. My mother, a US resident alien, non US citizen, filed a resident petition for my brothers, who were in their 30s at the time. She has not become a US citizen and both my brothers got married after the petition, of which we notified immigration. I thought that they getting married killed the process, but we still receive letters from the NVC asking for affidavits of support application fees and Visa Application Processing Fee Bills. ( I am a US citizen and did file a petition for one of them after their marriage, though, of which I have heard nothing of. )Does this mean thay they are still elegible? Thanks!

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Attorney answers 7


Marriages ended the petitions, but the State Department is unaware of the situation. This can cause much complication in the future. Your mother really needs to become a U.S.Citizen. You should consider petitioning your other brother. You really need the help of a competent and experienced immigration attorney. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


I agree with Mr. Dixler. You need to consult with an experienced immigration attorney to get this whole situation straightened out.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


Mr. Dixler is correct there is no way for the DOS to know that your brothers 'destroyed' their case by getting married.

Meeting with an immigration attorney is essential.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


You are correct. Only a U.S. citizen can petition for his/her unmarried son or daughter over the age of 21. Do yourself a favor and consult an immigratoin attorney, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


No, they are not eligible. NVC and DOS do not know of the marriages and that is why they are continuing to process the cases.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Yes, I agree with the other commenters, the petitions were automatically terminated by operation of law when they married. CIS hasn't caught up to that yet, but at some point they will catch it. If your mom is eligible to naturalize, that would be good. It would be helpful to you to get an attorney to sort it all out.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.


I agree with my colleagues.