my husband's sister has applied for my husband, myself and our 2 kids for
US residency. I'm getting a divorce from my husband for domestic violence which he is being charged for, I'm wondering how this can affect the children's chances for their green card.
if divoced you no longer qualify to be a derivitive of the petition. The children remain derivitives.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. For additional discussion regarding your personal situation a scheduled consultation is required.
When his sister filed the petition is also important. The original response is correct. As soon as you get divorced you will not be able to continue towards residency using that petition. Your children remain derivatives because a divorce only ends your relationship with him. The wait time for a sibling petition is more than 20 years for some nationals.
The above is only general information, and does not constitute legal advice.
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