I-751 Joint Petitions and Waivers for Spouses
Immigration Defense Lawyer in San Jose and San Francisco
Conditional permanent resident status is granted when an immigrant spouse
seeks permanent residency in the United States through marriage to a U.S.
citizen where the marriage is less than two years old. The spouses must
file a joint I-751 petition to make the status permanent in the final
three months before the two year period expires. This joint petition is
required to show that the marriage continues and is real.
But what happens if the there are problems in the marriage, or the immigrant
spouse is facing divorce? Fortunately, USCIS allows the immigrant spouse
to file a waiver of the joint petition requirement.
Grounds for Waiver
An immigrant spouse may apply for a waiver after a marriage has ended in
divorce on the following grounds:
- The foreign spouse entered into the marriage in good faith but the spouse
or a child was subjected to battery or extreme cruelty by the U.S. citizen
- The foreign spouse entered the marriage in good faith but the marriage
dissolved and the foreign spouse was not at fault in failing to file a
- Deportation would result in extreme hardship.
Failure to timely file either of these applications may results in removal
proceedings for the immigrant spouse.
USCIS may schedule an interview following submission of the joint I-751
petition or waiver request. Working with legal counsel is critical to
properly prepare the I-751 packet and successfully handle your I-751 interview.
You should seek the assistance of an immigration defense attorney in San Jose.
San Francisco and San Jose Immigration Defense Attorney
Daniel Shanfield, Esq. Immigration Defense provides thoughtful advocacy
and compassionate service to spouses seeking to remove the condition on
their legal permanent residency. Our firm holds an unparalleled reputation
in the legal community for our successful immigration defense of clients.
Daniel was formerly an attorney with the U.S. Immigration and Naturalization
Service, and served as adjunct clinical law professor at New York Law
School. Mr. Shanfield has been recognized as a Northern California Immigration
"Super Lawyer" by San Francisco Magazine for his practice in
immigration defense. He has a 10/10 AVVO rating and is ranked as "Superb"
in experience, industry recognition, professional conduct. With our unique
skills and insight, we are ready to help you with your immigration matter.
We have successfully helped clients like you facing serious immigration
difficulties. With great care and personal attention, we work with clients
facing difficult family immigration problems.
Contact an immigration defense lawyer in San Jose and San Francisco
at our firm for caring and professional representation in your family immigration matter.