My mother's I-485 is pending, and she is divorcing. Can she get greencard through me if I am a citizen?

Question

My mother is married to US citizen and her I-485 (greencard applic.) is pending. They need to divorce now. What happens to her application? I am a US citizen, can we "switch" her I-485 application from marriage-based to relative-based on the grounds that her daughter (me) is a citizen?

Answer 1

You can not switch I-485 but you can apply for her as a parant(her) of a US citizen (you). A parent of a US citizen does not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. Good Luck!