Change of Status (F3 to F1) after divorce?

[DSee]

Hello,

My father (U.S. Citizen) applied for my sister (currently lives in Brazil) to get a green card and live in the U.S. back in 2006.
One year after he applied, she got married, and then her visa category changed from F1 to F3, which bumped her out a few years.

She's in the middle of a divorce right now, and I was wondering about what needs to be done so she can fall into the F1 category again and get her green card sooner. According to the latest US Visa Bulletin she would get it "right away" if she was bumped back to F1 category.
She also gave birth to a child in the time being, so I'm not sure how this affects everything.

I've consulted an attorney who said he had "no clue", and told us we would have to start the entire process from scratch, which doesn't make any sense (she was able to change from F1 to F3 after marriage without any changes).

Does anyone have any experience on this type of cases and could tell me how to proceed, or what will happen after she gets divorced?

Thank you.

 

[DSee]

Hello,

Nobody has replied to this thread, I was wondering if anyone has any idea or experience regarding this case.
Thanks

 

[Mvel27]

Hello,

My father (U.S. Citizen) applied for my sister (currently lives in Brazil) to get a green card and live in the U.S. back in 2006.
One year after he applied, she got married, and then her visa category changed from F1 to F3, which bumped her out a few years.

She's in the middle of a divorce right now, and I was wondering about what needs to be done so she can fall into the F1 category again and get her green card sooner. According to the latest US Visa Bulletin she would get it "right away" if she was bumped back to F1 category.
She also gave birth to a child in the time being, so I'm not sure how this affects everything.

I've consulted an attorney who said he had "no clue", and told us we would have to start the entire process from scratch, which doesn't make any sense (she was able to change from F1 to F3 after marriage without any changes).

Does anyone have any experience on this type of cases and could tell me how to proceed, or what will happen after she gets divorced?

Thank you.

Yes, a valid divorce would put her back into the F1 category in the same way that when she married it moved her to F3 (married children & their family). And then it would all depend on her original priority date from the initial F1 petition as to what's being processed currently from her home country. I don't know all the details of your case but from the info you have disclosed the lawyer wouldn't have to start from scratch, the child born out of the marriage however would not benefit from the F1 so do consult a lawyer on how to go forward. Good luck.