I-751 Waiver Where a Marriage Ends in Divorce

Immigration Attorney Carl Shusterman

Conditional Residence

History: Prior to 1986 1986: 2-Year Green

Cards Green Cards Based on

Marriage to USC/LPR Marriage is Less Than 2-Years Old

I-751 – Turns 2-Year into 10-Year Card

Spouses File Form I-751 Jointly 90 Day Period Before End of 2 Years Must Submit Proof of Bona Fide Marriage Usually, No Interview Required

I-751 Waiver: Divorce or Annulment

Waiver of Joint Petition Requirement

Can Be Filed ASAP after Divorce

File Prior to the Expiration of 2-Year Green Card

Interview Usually Required

Purpose of I-751 Waiver

Proof that Marriage was Bona Fide Marriage Based on Love, Not Just for GC Cooperative Ex-Spouse?

How to Document Your Waiver

Proof of Living Together Joint Assets Affidavits

Consequences of I-751 Denial

Removal Proceeding Before Judge

Ability to Renew I-751 Appeal to BIA if

Necessary Section 204(c) Penalty

Do You Need An Attorney?

Not Usually Necessary for Joint Petition Necessary for I-751 Waiver 20-30 Exhibits Preparation of Testimony/Witnesses

I-751 Waiver Resources on www.shusterman.com

We link to the I-751 form and instructions We link to the USCIS Memos on 751 Waivers We link to Federal Court Decisions

I-751 Waiver Resources on www.shusterman.com

We link to the I-751 form and instructions We link to the USCIS Memos on 751 Waivers We link to Federal Court Decisions