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How to potentially keep your green card and stay in the U.S. after divorce?

Learn how our experienced immigration experts can help you file your I-751 and keep your legal status in the U.S.

Want a free step-by-step guide for removing conditions on your Green Card?

What is I-751 Form and who needs to file it?

The I-751 form is a petition to remove the conditions on residence for individuals who obtained their lawful permanent residence (green card) through marriage (or parent's marriage to a U.S. citizen or permanent resident, but were married for less than two years at the time of approval). The purpose of the I-751 form is to request that the conditions be removed and that the applicant be granted a 10-year green card instead. Usually form is filed jointly by the applicant and their spouse, and it must be submitted within the 90-day period before the expiration of the conditional green card. The I-751 form requires documentation to prove that the marriage was entered in good faith and was not solely for the purpose of obtaining an immigration benefit.

May I file I-751 without my spouse?

Yes, there are 5 main reasons to file your I-751 with a joint filing waiver:

• You entered the marriage in good faith, but your spouse subsequently died;
• You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
• You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
• Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
• The termination of your status and removal from the United States would result in extreme hardship.

In any of these situations, you must provide substantial evidence to support your claim that you meet the requirements for a waiver of the joint filing requirement

Viktoria Bloomberg Immigration attorney

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which might be challenging. That's why it's very important to find the right attorney to support you on every step of your application. Our experienced immigration experts are always here to help you and ease the process for you. 

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Viktoria Bloomberg, Ph.D., Esq.
Immigration Attorney

  • Green Card

  • Family Immigration

  • Fiancé/e visa

  • Employment-based Immigration

  • VAWA


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