Success Stories: 10-year green card issued to I-751 waiver of joint filing applicant from the Mexico
A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. When the petition is approved, the applicant becomes a permanent resident and receives a 10-year green card. Generally, this form must be filed jointly with the petitioning U.S. spouse, but there is a waiver in cases of death, divorce or abuse.
We recently received an approval for form I-751 removal of temporary conditions application with a waiver of the joint filing requirement for our client from Mexico, who obtained a divorce from his petitioning U.S. citizen former spouse, which was granted without a request for evidence and without an interview! Congratulations to our client!
We previously assisted the client and his former U.S. citizen spouse on their initial permanent residence application, which was approved and the foreign spouse was granted a 2-year conditional green card. In order to remain a permanent resident, the conditional resident must file a petition jointly with his U.S. citizen spouse petitioner to remove the conditions on her residence during the 90 days before the card expires. The conditional card cannot be renewed and the I-751 form must be filed or the conditional resident will lose their permanent resident status.
As mentioned above, the law allows for a waiver of the joint filing requirement in cases of death of or divorce from the U.S. citizen spouse petitioner. In this case, you must still demonstrate that the marriage was entered into in good faith. Similarly, if you were subjected to abuse or extreme hardship by your U.S. citizen spouse, you may also request a waiver of the joint filing requirement. In this case, you may file this request at any time before a final removal order is issued, even before the 90-day period begins.
If you are filing to remove conditions on your residence and have questions, please feel free to contact us. We have over a decade of immigration experience and we are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news. Please note that past results do not guarantee future outcomes.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.