06 Nov When may the filing of Joint I-751 Petition to Remove Condition on Residence be waived?
There are situations when the conditional resident alien could not file a joint I-751 petition. These situations include non-cooperation of the U.S. citizen spouse to file the petition because of certain marital problems. These problems could be a pending divorce, spousal abuse, or just neglect. The law requires that the I-751 petition be filed within 90 days before the expiry of the conditional residence. If the conditional resident alien could not file a joint petition with his or her spouse, he or she may file a waiver of filing joint petition in any of the following situation:
- The marriage was entered in good faith but the spouse has died. In this case the alien has to prove that the marriage was not entered into for the purpose of obtaining immigration benefit.
- The marriage was entered in good faith but the marriage has been terminated by divorce or annulment. Again, in this case the alien has to prove that the marriage was not entered into for the purpose of obtaining a green card.
- The marriage was entered in good faith but the conditional resident has been battered or subjected to extreme cruelty by the U. S. citizen spouse. In this case, aside from proving good faith marriage, the alien has to prove spousal abuse. The abuse could be physical or psychological or both. Proof of medical examinations and psychological examinations may be needed.
- Termination of conditional residence status and deportation would result in extreme hardship. In this case, the alien has to prove that his or her removal from the U.S. will result in extreme hardship to him or her.
When the I-751 is denied by the USCIS, the law requires that the alien will be placed in removal proceedings. In those proceedings the alien may renew the Petition to Remove Condition on Residence in Form I-751with the Immigration Judge.
To avoid being placed in removal proceedings, the alien must consult with an immigration attorney regarding his or her options.
Note: This is not a legal advice and you need to speak to an immigration lawyer. Our office has helped many aliens who have problems in filing joint petition.