Conditional Green Card Holder in Troubled Marriages

Apr 03, 2016 News

ImmigrationINFO Immigration News For Our Community …

By Attorney Gail S. Seeram
During a marriage-based petition, if the petitioner and beneficiary were married for less than two years at the time of approval, then the beneficiary receives Conditional Permanent Resident status. The Conditional Permanent Resident (CPR) status will be granted for a two-year period. A Conditional Permanent Resident (CPR) who obtained his or her status through marriage to a U.S. citizen or lawful permanent resident must file Form 1-751 to remove the conditions on his or her residence before their two-year status expires. When filing Form I-751, the beneficiary can file it jointly with the petitioning spouse or a waiver can be filed if the petitioner and beneficiary spouse have terminated their marriage or the beneficiary is a battered spouse.
A waiver of the joint filing requirement cannot be filed based solely on the fact that a Conditional Permanent Resident may have entered the marriage in good faith, but he or she is legally separated from the petitioning spouse or is currently in divorce or annulment proceedings.
If the marriage is not legally terminated, the Immigration Service Officer (ISO) will issue a Request for Evidence (RFE) with a response period of 87 days in order for the beneficiary to provide a final divorce. In many cases the divorce will take place during the response period to the RFE, which affords the CPR the opportunity to establish eligibility for the waiver by submitting a copy of his or her final divorce decree or annulment.
If the CPR establishes eligibility for the waiver, the ISO adjudicates the petition on the merits in accordance with established procedure. If the Conditional Permanent Resident does not respond to the RFE, or if the Conditional Permanent Resident’s response does not establish eligibility for the waiver, the ISO denies the 1-751 and issues a Notice of Termination of Conditional Resident Status. The ISO then refers the case through the proper chain of command for issuance of a Notice to Appear (NTA) for appearance in immigration court.
Filing Form I-751 seeking a waiver of the joint filing requirement must prove that removal from the United States would result in extreme hardship; OR the Conditional Permanent Resident entered the marriage in good faith, but the marriage was terminated; OR the Conditional Permanent Resident entered the marriage in good faith, but the petitioning spouse or parent battered the Conditional Permanent Resident spouse or child.
Remember, Form I-751 (either jointly with spouse or seeking a waiver) must be filed before the conditional permanent resident green card expires. Failure to file Form I-751 timely will result in termination of conditional permanent resident and case referral to the immigration court.

For more information, contact Gail Law Firm:
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