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I-751 Petitions to Remove Conditions

If a person applied for and was granted permanent residence status through marriage, and they were married for less than two years, they become a conditional permanent resident. Their permanent residence or “Green Card” would be conditional and would expire after two years. The conditional permanent resident is required to file Form I-751 within the 90 days before their conditional permanent residence (Conditional “Green Card”) expires. The couple files a joint I-751 Petition if they are still married and living together and submits all required evidence with their I-751 Petition.

However, sometimes couples separate or divorce during the two years. When a couple is no longer married or no longer in a relationship and living together, there may be options available to the conditional resident to be able to continue living lawfully in the United Staes. Waivers of the joint filing requirement might include:

  • If the spouse is deceased.
  • If the applicant can show that they entered the marriage in good faith, but the marriage was terminated through divorce or annulment.
  • If the applicant can show that they (or their parent) entered the marriage in good faith, and during the marriage the applicant was battered or the subject of extreme cruelty by the other spouse (or parent).
  • If the termination of the applicant’s status and removal from the United States would result in extreme hardship.

Contact the Law Office of Jennifer L. Hennessey at (916) 295-7650 for a free consultation if you are a conditional permanent resident who needs to file their I-751 petition.

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