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I-751 and Uncontested Divorce

Posted by attorney Arash Zarei

I have seen many I-751 waivers be denied because of the date of separation. As a divorce attorney, we have to accept the corroborated date of separation provided by our client. We can only represent one party. This date might be inaccurate and beneficial for the spouse initiating the divorce, which is usually the Permanent Resident or U.S. Citizen. Unfortunately, beneficiaries of a marriage based green card take a passive role in the divorce process. This passive role they take is detrimental to their future as a Permanent Resident or U.S. Citizen. This is not only true for individuals petitioning to remove their conditions (I-751), but also for individuals applying for citizenship. Remember, giving false information to any U.S. government official while applying for an immigration benefit or passport could have grave implications. A simple discrepancy could easily be misconstrued by an immigration officer as a lie and the basis of your denial. Make sure you consult with a divorce attorney, even if there are no custody or support issues.

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