conditional resident

How Does Divorce Impact a Conditional Resident? – In one of our earlier entries, we discussed how to remove conditions on a conditional green carddue to marriage, who is eligible to apply for this process and how the process is initiated. In today’s entry, we will be discussing how this process is different for individuals who are no longer able to file a joint petition to remove the conditions on their green card because they got divorced.

Removing Conditions on Permanent Conditional Residence

Removing Conditions on Permanent Residence – If you received yourgreen card due to marriage to a U.S. citizen or permanent resident and if your marriage was less than two years old when you received the green card, your permanent resident status is conditional. It is considered to be conditional because you must prove that you did not enter into your marriage in order to evade the immigration laws of the United States.

What if Divorce Happens Prior to the Removal of 2-Year Condition on the Green Card?

If the green card holder gets divorced as a conditional resident, in the two years preceding the time that they are supposed to renew their green card, they will still need to file Form I-751, Petition to Remove Conditions on Residencewith the USCIS. The difference in this situation is that the green card holder would need to include a request for a waiver of the joint filing requirement. A waiver may be granted if the conditional resident green card holder can show:

  • Evidence of a good-faith marriage ending in divorce; or
  • Abuse or battery by their U.S. spouse; or
  • That the termination of the permanent resident status would result in an extreme hardship imposed on the green card holder

A divorce during this phase of a permanent conditional resident’s immigration process can be devastating. It is important to consult with an immigration attorney to understand your rights. Consider setting up a consultation with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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