Family-based Immigration

I-751 Waiver

Family-based Immigration Visa

I-751 Waiver

Form I-751, Petition to Remove Conditions on Residence, is used by conditional permanent residents who obtained their status through marriage to remove the conditions on their residence. Typically, this form must be filed jointly by the conditional resident and their U.S. citizen or lawful permanent resident spouse. However, there are situations where a conditional resident may need to file Form I-751 without their spouse. This is known as an i-751 waiver.

The i-751 waiver is applicable in the following circumstances:

  • Divorce or Annulment: If the marriage through which the conditional resident obtained their status has ended in divorce or annulment, they can file for a divorce waiver i-751. They must prove that the marriage was entered in good faith but was terminated.
  • Abuse or Extreme Cruelty: If the conditional resident or their child was subjected to abuse or extreme cruelty by their U.S. citizen or lawful permanent resident spouse, they can file for an i-751 waiver divorce. They need to provide evidence of the abuse or cruelty, such as police reports, restraining orders, medical records, or affidavits.

Steps for Filing an I-751 Waiver

1. Complete Form I-751: The conditional resident must fill out Form I-751, indicating the specific waiver they request.

2. Gather Supporting Documentation: Provide evidence to support the i-751 waiver divorce request. This may include:

– Proof of the bona fide nature of the marriage (photos, joint financial documents, etc.).

– Court documents showing divorce or annulment, particularly for those seeking a divorce waiver i-751.

– Evidence of abuse or extreme cruelty.

– Documentation demonstrating extreme hardship, which could increase the i-751 waiver approval rate.

3. Submit the Petition: File Form I-751, the supporting documents, and the required filing fee to USCIS.

4. Attend Biometrics Appointment: USCIS will schedule a biometrics appointment to collect the applicant’s fingerprints, photograph, and signature.

5. Attend Interview (if required): USCIS may require an interview to evaluate the petition and supporting evidence further. Some applicants have had their i-751 divorce waiver approved without an interview, depending on the strength of their documentation.

6. Wait for Decision: USCIS will review the petition and supporting documentation and make a decision. If approved, the applicant’s permanent residence conditions will be removed, and they will receive a new 10-year green card.

If you intend to request an extreme hardship waiver, it is highly advisable to seek the advice of an immigration attorney. The attorney can evaluate whether a hardship waiver makes sense for you, help you prepare the paperwork and draft appropriate cover letters and legal arguments, and accompany you to the in-person interview, if necessary. This guidance is critical if you have concerns about an i-751 divorce waiver denied scenario.

Why Choose a Family-Based Immigration Attorney?

Family sponsored immigration process can be complex. Legal assistance allows you to fill in the information correctly without unnecessary delays. if you’re applying for an immediate family immigration, the expert guidance simplifies the process.

Let us help you bring your loved ones closer to you.

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