Divorce after Green Card – Chicago Immigration Lawyer
Will you lose your green card if you are divorced after obtaining your green card? Although marriages are meant to be for life, sadly it is not uncommon for conditional residents to experience difficulties in their marriages after they obtain their green cards. When divorce after green card issuance happens, a conditional resident spouse (green card holder) may continue to live legally in the U.S. If a green card is filed within two years anniversary of the marriage, no matter what happens to the married couples, they will still have to file an application called I-751 to removal the conditions on the conditional green card.
An I-751 application should normally be filed by both spouses, namely the green card petitioning spouse and the conditional resident spouse. If the marriage is no longer exist or the couples are no longer in a loving relationship, a waiver is needed for the conditional resident spouse to essentially request the immigration to waive the joint filing requirement of the I-751 application.
Waiver for Removal of Conditions Timeline
Once you received your conditional green card, you are required to file a separate petition called the Removal of Conditions (I-751). You are required to file it at your two years anniversary of becoming a conditional resident.
The effect of the removal of condition petition is to remove the conditional conditions on your permanent residency so that you will be eligible for citizenship in the near future.
Generally, a I-751 application should be filed jointly by you and your sponsoring spouse. If you are no longer in a marital relationship with your sponsoring spouse or in the process of a divorce proceeding, you may file the petition by yourself.
Waiver for Joint filing of Removal of Conditions Requirements
The general rule of joint filing for the removal of conditions can be waived, meaning an I-751 application can be filed by you only. Also, you should provide prove of the following:
- he/she entered into the marriage in “good faith” and not for immigration benefits;
- the termination of his/her CPR status will result in extreme hardship;
- either the applicant or he/her child was battered or subjected to extreme hardship by the U.S.-citizen or permanent-resident spouse.
Hire an experienced Chicago Immigration lawyer for your Removal of Conditions I-751 Waiver
Removal of conditions applications are complex and detailed. Whether you are divorced after green card or still married, you have to satisfy the burdensome documentary and evidential requirements of the “removal of conditions” petition.
With over 30 years of collective experiences, our Chicago Immigration attorneys have successfully helped many clients for their I-751 petitions. We provide highly quality immigration services that include the following:
- accurately prepare all the immigration forms, and
- strategically strengthening your application with strong evidence and legal argument, and
- review your application in order to ensure you have the strongest case put forward;
- prepare you for your removal of conditions interview via our mock interview with our Chicago immigration attorney, should the USCIS requests an interview;
- provide 24/7 support from start to finish.
If you are seeking a Chicago based immigration lawyer to guide and represent you in your removal of conditions application, please call (773) 687-0549 or contact us online to schedule a consultation. We have over 30 years collective experience helping immigrants like you to overcome immigration hurdles and live freely in the United States. We speak Chinese, Spanish, Italian, French and Portuguese.