If my husband and I are going to file a divorce but he filed a petition for my minor daughter, should I apply again for her or can I continue the process?

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If my husband and I are going to file a divorce but he filed a petition for my minor daughter, should I apply again for her or can I continue the process?

She under 18 and it is already in process. I am now a US citizen through marriage. I don’t know what to do next with my daughter’s paperwork.

Asked on May 18, 2015 under Immigration Law, Virginia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It really depends on where she is in the process and whether she is in the US or not.  If she is already almost done with the process, it is possible that she will be granted status before your divorce is finalized.  If your divorce is already finalized and you are already a US citizen, you can restart the process on your daughter's behalf on your own.


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