What are I751 waivers?

May 4, 2023
Firm Updates, News, UncategorizedNo Comments

Learn about I-751 waivers for conditional permanent residents who obtained green cards through marriage, but face divorce, abuse, or extreme hardship, and need to file without their spouse's cooperation. Form I-751, Petition to Remove Conditions on Residence, is filed by conditional permanent residents who obtained their green cards through marriage to a U.S. citizen or lawful permanent resident. The form is used to request the removal of the conditions on their residency status and to obtain a permanent green card that is valid for 10 years.

In some cases, conditional permanent residents may be unable to file Form I-751 jointly with their spouse because of divorce, abuse, or other reasons beyond their control. In these situations, they may be eligible for an I-751 waiver, which allows them to file the petition without the cooperation of their spouse.

There are three types of I-751 waivers:

  1. Waiver based on divorce: This waiver is available to conditional permanent residents who obtained their green cards through marriage but are no longer married to their spouse. To obtain this waiver, the applicant must demonstrate that the marriage was entered into in good faith and was terminated by divorce or annulment.
  2. Waiver based on abuse: This waiver is available to conditional permanent residents who have been subject to battery or extreme cruelty by their U.S. citizen or lawful permanent resident spouse. To obtain this waiver, the applicant must provide evidence of the abuse, such as police reports, medical records, or affidavits from witnesses.
  3. Waiver based on extreme hardship: This waiver is available to conditional permanent residents who would suffer extreme hardship if they were to return to their home country. To obtain this waiver, the applicant must demonstrate that the hardship is beyond the normal hardship that would be expected if they were to leave the United States.

It is important to note that the requirements and criteria for each type of I-751 waiver can be complex and challenging. It is recommended that you seek the assistance of an experienced immigration attorney who can guide you through the process and help you present a strong case for an I-751 waiver.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.