Questions about I-751 removal conditional residency.

Asked over 1 year ago - Miami, FL

I married to my US citizen husband and got conditional greed card at Nov 2010 .The follow two years were nightmare . he has anger problem physiologically and verbally abused me, also he was cheating on me. So I divorced him at Nov 2012 and filed 1-751 by myself.
I couldn't get ant affidavit cuz he was threaten everyone we know.so the only documents I submitted to immigration are:
2-years lease agreement with both names on,
2 years joint banking account,
joint car insurance and health insurance
cable bills with both names on
ID card, car registration with same address.
2years joint tax return
photos.
It has been 4 months and I still haven't heard anything from immigration. I am accepted by a law school with full scholly. should I just give up green card and apply for F-1 visa instead

Additional information

Thanks for Ms. Antonovsky and Mr. Carlin 's answers. I have to move to another state for school in a few months. I don't know long this immigration issue will take and if I can get approved. I don"t want to stop in the middle of my study just because I was denied the GC. That is why I am thinking to give up the green card application and just apply for a student visa.

Attorney answers (4)

  1. Paul Alphonso Palacios

    Contributor Level 7

    3

    Lawyers agree

    Answered . There are two ways to file an I-751 without the joint requirement. It is not clear here whether you file based on a divorce or based on abuse. Each one has a different set of requirements on what you must show to get an approval. In any case, if you apply for an F-1 visa at this point it is likely to be denied because your conditional residence has not been terminated. You would be well served to consult with an immigration attorney about your case.

  2. Jeffrey Adam Devore

    Contributor Level 20

    3

    Lawyers agree

    Answered . Typical processing time for i750 one without an interview is 6 to 9 months. If you case is selected for an interview you can anticipate an additional 3 to 6 months. Thus your case is within normal processing time.

    If you're concerned about the viability of your case, consult with an experienced immigration attorney who can review the facts of your case, advise you what to expect and how best to proceed.

    Good luck in law school!

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. Alice Antonovsky

    Contributor Level 14

    3

    Lawyers agree

    Answered . When you submitted your I-751, provided you did it correctly, your conditional green card should have been extended for one year. You should have gotten a letter to stating that. 4 months is not long at all to adjudicate such cases. However, given your facts, I would advise you to meet with an experienced immigration attorney, someone who will be able to review your entire case, including the documents you submitted and advise you concerning your particular situation. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more
  4. Michael Hugh Carlin

    Contributor Level 18

    3

    Lawyers agree

    Answered . I-751 Petitions often take approximately 8 months or more for USCIS to adjudicate.

    If you filed the I-751 before the expiration of your two-year green card, then your permanent resident status should have been extended for one year. Check the receipt that you should have received.

    You should consult with an experienced immigration attorney about this case.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Carl Michael Shusterman

How to Renew your Green Card

Renewing your Green Card, or Permanent Resident Card, is important. If you have an expired Green Card you may be denied re-entry into the United States. You could also be charged with a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,701 answers this week

3,164 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,701 answers this week

3,164 attorneys answering