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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 spouse; or
  • 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 petition; or
  • 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.

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Address: 111 W. St John Street, Suite 315 San Jose, CA 95113 Phone: (866) 559-9498 Local: (408) 275-6565