Can I file a waiver to remove conditional green card status without my spouse and before my divorce is final?

Asked about 1 year ago - Portland, OR

In the process of obtaining a non conditional green card, original conditional card was obtained through a good faith marriage (in process of divorce) and is now expired. USCIS required more information from us both to lift the conditional status (a copy of her driver's license, bills etc) spouse will not comply with filing papers that the USCIS is asking for. What can I do to make certain I do not get deported and obtain my non conditional green card? Is there a special waiver I can file? Thank you for your time

Attorney answers (3)

  1. Irene Vaisman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, but your case just got a lot more complicated. Retain an attorney at this point.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"

    You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Jeff L. Khurgel

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Work with an attorney as you're in a precarious situation. You don't need to have divorced in order to file for a waiver of the joint filing requirement if you or your resident child was battered or subject to extreme cruelty by your U.S. spouse or if your removal from the U.S. would subject you to “extreme hardship.”

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more

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