Waiver of I-751 Joint Petition
Jan 09, 2013OUTCOME: WON--Approval
When someone marries a U.S. Citizen, they get a conditional resident card for 2 years. Then they must file a Joint Petition to remove the conditions on their residency. However, when the resident is ... in the middle of divorce with the U.S. citizen, the joint petition is impossible, so the resident must ask for a waiver of the joint requirement and ask DHS to approve her/his I-751 without the U.S. Citizen. These cases are difficult because the resident must prove that the marriage was valid and the documentation required must be thorough. My recent case involved what I consider malpractice by a former attorney. Documenting an I-751 Waiver and presenting it properly to DHS is complicated. We prevailed.
