Conditional Residency Waiver or Joint Petition for Removal of Conditions on Form I-751
Conditional residency is applicable to those individuals who obtained their immigration status through marriage. One of the most frequent issues that comes up for these individuals is the joint petition requirement to remove the conditions on his or her residency. This issue occurs when the marriage of an intending immigrant (the prospective permanent resident) and their United States citizen spouse or permanent resident spouse terminates during the intending immigrant's two (2) years of conditional residency.
A conditional resident that obtained their immigrant visa through marriage must petition for their conditions to be removed two (2) years after they arrive in the United States -- within 90 days of their two year anniversary. Typically, the petition to remove the conditions on residency is brought by both husband and wife, hence the "joint petition" verbiage. However, when a divorce has occurs the immediate relative relationship no longer exists and, as a result a joint petition cannot be brought. If such a situation occurs, the intending immigrant must submit a waiver in order for their conditions to be removed.
The waiver is subject to a great deal of scrutiny as its result will dictate whether the intending immigrant may stay in the United States. As a result, it is imperative that the waiver be prepared thoroughly and accurately. The consequences of missing an opportunity to remove residency conditions can be disastrous -- and may ultimately result in an individuals removal from the United States. USCIS specifies the eligibility for the waiver at here.
Randhawa Hundal LLP is here to help you with your waiver
The attorneys at Randhawa Hundal LLP would be happy to answer any questions you may have regarding the waiver process. If you feel this situation may apply to you, please contact us at firstname.lastname@example.org or 916-246-9950 to learn more information. We would be happy to assist you with your immigration matter.