Green Card Removal of Conditions
2-Year Green Card: I-751 Joint Removal of Conditions
If an immigrant’s marriage is less than two years at the time the immigrant receives their permanent residency based on that marriage, the immigrant will receive a conditional green card which is valid for two years. The immigrant is required to apply for their 10 year green card three months before their two year green card expires. The immigrant and the petitioning spouse must submit an I-751 petition to apply for the 10 year green card.
Removal of Conditions on Permanent Resident status: I-751 waiver
An I-751 waiver allows an immigrant to file the I-751 petition alone and without the petitioner’s spouse, so long as the immigrant spouse can show the following:
- the immigrant entered into a good faith marriage, but the marriage ended in divorce; OR
- the immigrant entered into a good faith marriage, but the marriage ended through the death of the United States citizen; OR
- the immigrant entered into a good faith marriage, but the immigrant was abused either verbally or physically by their U.S. citizen spouse; OR
- the immigrant would face extreme hardship greater than normally would be experienced by someone who was deported
Depending on how soon the immigrant and petitioner spouse separated, it may be difficult to show good faith marriage because of the lack of evidence, especially in domestic abuse situations. Having an experienced lawyer at your side during this process will ensure that you have the evidence the agency requires to approve your petition. A Fayetteville Immigration lawyer is crucial in cases where the immigrant has divorced their legal resident or U.S. citizen spouse, when the marriage has been annulled, or when domestic violence or hardship factors are involved.
These cases are tough and require an interview before the USCIS. Attorney Dahlia Castillo will not only prepare the petition, but she will prepare the conditional resident immigrants for their immigration interview and attend the interview with the conditional resident immigrant.
