You can still qualify for the removal of your conditions on your conditional residence (Form I-751) even if you divorce your spouse or are separated

Mar 23, 2023 | immigration lawyer, Immigration News, Immigration Status

If you are an immigrant who is considering a divorce, you may be wondering if it will affect your conditional residence. The good news is that you can still proceed with your application for removal of the conditions of your conditional residence even if you divorce your spouse before your application is approved. However, there are a few things to keep in mind if you are in the United States through a conditional green card through marriage and have a pending Form I-751 and are not divorced. You can successfully proceed with your removal of conditions but bear in mind that you will receive a request for evidence regarding a final divorce. This is not a process you should do without the help of an attorney. 

What to expect?

If you have applied to remove the conditions of  your conditional green card and have come to the point of divorce before your application is approved, have faith. It is still possible to get it approved regardless if you are no longer married. You don’t have to force yourself to stay married for fear of your future rights to stay in the United States. Although there have been reports of cases where a conditional green card has been revoked after a divorce, as long as you can prove that you entered into a good faith marriage, your application for removal of the conditions on your conditional residency should get approved. It is important to remember that each individual case may vary in its outcome, and we are here to help. Contact an immigration lawyer at Puntier Law that can assess and advise you on what steps to take next.

You will need to fill out an I-751 form and submit it to the USCIS

If you have a conditional residency and are getting divorced, you can file the I-751 form with the USCIS and request a waiver of the joint requirements, and Puntier Law can help. Filing this form is an important step in the immigration process and Puntier Law’s attorneys have the knowledge and experience to make sure it is done right. We can help you gather all the necessary documents for your I-751 filing and provide guidance throughout your application’s stages. Puntier Law is also up to date on all current immigration regulations, so we can help ensure that you complete your filing correctly, even if there have been recent changes in policy or procedure. Contact Puntier Law today to get started on your journey through the immigration process.

Include a copy of your divorce decree or annulment 

If you are applying for the removal of the conditions of your Form I-751 it is essential that you include a copy of your divorce decree or annulment as part of the application if your marriage ends at any point in the application process.  You still need to prove that you were married and that your marriage was a legitimate marriage. If you are not sure how to prove this, you will definitely benefit from consulting with our experienced immigration attorneys and Puntier Law. We know exactly what inconsistencies the department of homeland security will look for to dismiss your marriage as valid, especially if you are divorced.

Never Give up Hope

Divorce might complicate your life in a lot of ways, but thankfully it does not have to affect your ability to get your Form I-751 approved! If you find yourself in this situation, make sure to contact us for help in filling out an I-751 form. Failing to do so may result in a loss of residency or worse, an unnecessary deportation. We will protect you by submitting the I-751 form to USCIS along with a copy of your divorce decree or annulment, and supporting evidence proving that the marriage was bonafide. 


Pin It on Pinterest

Share This