Conditional Resident Status and Divorce

If a marriage is less than two years old on the date the marriage based lawful permanent resident status is issued, the alien spouse will be issued conditional resident status.  Ninety days before the second anniversary of the issuance of conditional resident status, the couple must file for removal of conditional resident status.  Failure to do so may result in termination of lawful permanent resident status.

Joint Filing of Removal of Conditional Resident Status

A couple must jointly petition for removal of conditional resident status by filing Form I-751 with USCIS along with proof that the marriage was in good faith.  USCIS may choose to interview the couple to confirm the nature of the relationship. 

Dealing with Divorce - Waiver of Removal of Conditional Resident Status

Where a marriage is marriage terminated, there is domestic abuse, or extreme hardship would occur to the conditional resident, the requirements for removal of conditional resident status can be waived.  The waiver requirement is especially necessary when a couple decides to separate or divorce.  Seeking waiver of the removal requirements is a complex matter and those seeking waiver should consult with an attorney.

Importance of Hiring an Immigration Lawyer from the Start

Increased enforcement and random investigation of family-sponsored immigration petitions can subject even the most straight forward cases to heightened scrutiny.  Hiring a lawyer to represent you before you start the immigration process can save costs, prevent unforeseen difficulties, and avoid eventual heartache.  Denial of your case may bar future immigration status without years of expensive legal proceedings.

Contact The Chander Law Firm Today

Contact The Chander Law Firm today to schedule a consultation regarding your case.  After a review of the case, the law firm can prepare you for potential obstacles and advise you of potential courses of action.  The firm accepts credit card and offers payment plans in certain cases.  Schedule your consultation now.

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Family Immigration Basics

Marriage and Fiancée Visas

Other Immediate Relative Visas

Removal of Conditional Residence and Divorce

Waivers of Inadmissibility