Immigration Law

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How are you Today? I have question about my resident ( card)

Customer Question
Hey, How are you...

Hey, How are you Today ? I have question about my resident (Green card)

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

I came to U.S with fiace visa and I got my green card (conditional resident ) for two years ,but my husband want to divorce So, what should I do for my conditional resident ? what options I have ?

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just want to know what are the options I have? and what are the steps ?

Submitted: 8 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/14/2017
Immigration Lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,483
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Immigration Lawyer: Nisha Jones,
 replied 8 months ago

When it comes close to the 2 year marker of your conditional residency, you can still file for the removal of conditions on your own, and must include a divorce waiver.

The removal of conditions is usually filed jointly by both spouses using USCIS Form I-751. You can find the form and instructions here:

https://www.uscis.gov/i-751

However in cases of divorce, where one spouse the files the petition on their own, you can submit a divorce waiver along with the I-751.

The divorce waiver is a letter you would draft explaining that you did in fact have a bona fide marriage (ie. not a sham marriage entered into for immigration purposes), but that the marriage did not work out and ended in divorce. You can also include in the letter information about any steps you and your spouse took to save the marriage, such as counseling for example.

This makes getting your permanent residency a bit more difficult, but not impossible. Applications to remove conditions with a divorce waiver are granted all the time.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Immigration Law Question
Immigration Lawyer: Nisha Jones,
 replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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