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I-751 Waivers

I-751 Waivers

I-751 Waivers After Divorce

One of the ways to obtain a green card is to file as the spouse of a U.S. citizen or lawful permanent resident. The pathway toward a green card is straightforward and allows a husband or wife a way to seek permanent legal residency. Sometimes, however, spouses might divorce before they get through the process. Other times, a spouse is abusive or passes away. There is a solution to these situations. The United States Citizenship and Immigration Services (USCIS) provides a way to request a waiver for those who are divorced before they can complete the green card process. 

What is an I-751 Waiver?

The USCIS has a path for conditional permanent residents who are no longer married to the spouse that sponsored them. The I-751 Waiver is a petition to remove conditions on residence. If you were in the process of obtaining a visa, but your marriage ended or is about to end, you will need to change your status. Remember that a conditional permanent resident status is valid for only a period of two years. Therefore, you must take care of your status prior to the expiration of your visa. If you fail to file a petition to remove the conditions of your permanent resident status, it could result in the possibility of losing your legal status. 

Who is Eligible for an I-751 Waiver?

You may file to remove conditions of adjustment of status under some circumstances. If you entered into a marriage in good faith and the marriage ended in divorce or annulment, you may petition to remove the conditions on your status. When you were in a good-faith marriage, but your spouse died, you may file an I-751 waiver. If you are in a good-faith marriage and your spouse abused or battered you or your child, you qualify for a waiver. Finally, if the termination of your status and removal from the United States would cause extreme hardship, you may be able to file an I-751 waiver. 

Filing for an I-751 Waiver

First and foremost, it is essential to file an I-751 waiver prior to the expiration of your status. If you fail to file on time it could result in the ending of your status, and you could receive a Notice to Appear. You must submit the petition and provide the applicable fee and any supporting documentation or evidence. Keep in mind that the review process may take some time. Once you submit the petition, you will receive a confirmation from the USCIS. If an interview is required, you will receive a notice that details the date, time, and location. Once everything is complete, the USCIS will issue a final decision. 

The process of removing conditions on status after a divorce or the death of a spouse can seem complicated. A qualified Illinois family immigration attorney will assist you with the process and help you file the necessary forms and documentation to the USCIS. Our team of skilled attorneys is here to help you through the procedures. To learn more, contact our legal team at Sverdloff Law Group at (312) 238-9090.

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