Powell Immigration Law PC | Business, Employment and Family Immigration Law | California

I-751 Removal of Conditions Based on Marriage and I-751 Waivers

A basic overview of the Actions are provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.

General

A lawful permanent resident (LPR) is granted the privilege of living and working in the United States permanently. One's LPR status is conditional if it is based on a marriage less than two years old from the date the individual in question is given LPR status, and an individual is given conditional resident status beginning the date he or she is lawfully admitted to the U.S. on an immigrant visa or receives Adjustment of Status (AOS). This status is conditional because of the need for a recently established LPR to prove that he or she did not get married simply to evade U.S. immigration laws. An LPR must file a I-751 Removal of Conditions after two years following his or her issuance of LPR status or may apply to waive his or her conditions on permanent residence upon certain circumstances described below.

I-751 Joint Petition Waivers

An LPR may apply to remove conditions on permanent residence if:

  • The individual is a child and cannot be included in the application of his or her parents for a valid reason.
  • The person is a widow or widower of a marriage that was entered into in good faith (not with the intention to evade U.S. immigration laws).
  • The marriage was entered into in good faith, but was terminated through divorce or annulment.
  • A copy of any divorce decrees, death certificates or annulment decrees demonstrate the termination of any previous marriages entered into by the individual or his or her spouse.
  • The marriage was entered into in good faith, but either the individual or a child were battered or subjected to extreme hardship by the U.S. citizen or LPR spouse.
  • The individual is able to prove that the termination of his or her conditional resident status would cause extreme hardship.

An applicant may request consideration of more than one waiver provision at a time.


 

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