Waiver for Removal of Conditions – Divorce after green card
Are you anticipating or have already gone through a divorce after issuance of your green card or commonly known as divorce after green card? Although marriages are meant to be for life, it is not uncommon that a marriage between a U.S. citizen and foreign spouse ends after the issuance of a green card. In an event of a divorce between you and your sponsoring spouse, you may believe that you are going to lose your green card status due to the divorce. It is not true!
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 at your two years anniversary of becoming a permanent 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. While it is the general rule for the removal of conditions application to be filed jointly by you and your sponsoring spouse, there is an exception to this general rule, especially if you are no longer in a marital relationship with your green card sponsoring spouse or in the process of a divorce proceeding after the issuance of your green card.
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 solely/individually by the you if you can prove the following:
- you entered into the marriage in “good faith” and not for immigration benefits.
- the termination of your CPR status will result in extreme hardship.
- either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
Why hire us?
Removal of conditions applications are complex and detailed and it is not something you should be taken lightly. Whether you have a divorce after green card or still in a loving relationship with your spouse, you will still need to satisfy the burdensome documentary and evidential requirements of the “removal of conditions” petition. With over 25+ years of collective legal experiences, we have successfully helped many couples and divorcees to remove the conditions on their conditional green cards. Once our immigration lawyer is retained, our legal representation includes:
- accurately preparing all the immigration forms, and
- strategically strengthening your application with strong evidence and legal argument, and
- reviewing your application in order to ensure you have the strongest case put forward.
- preparing you for your removal of conditions interview via our in-office or online mock interview with our Chicago immigration attorney, should the USCIS requests an interview.
- provide 24/7 support from start to finish.
The requirements of removal of conditions applications are case specific as each marriage or divorce is unique, you will benefit tremendously if you choose an experienced immigration lawyer who helps people like you almost on a daily basis and knows the process thoroughly. If you are seeking a Chicago based immigration lawyer to guide and represent you in your removal of conditions application, please contact us today.
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