Legal Question in Immigration Law in New Jersey

conditional status and divorce

I have a friend who married American citizen two years ago, and now has conditional permanent resident status. The marriage has not gone well, and recently her husband has left her. She is considering filing for divorce on the basis of abandonment.However, she will have to apply to have conditions on permanent residency removed next year, and she is unsure what effect this will have on her application. She was told she would have to file form I-751 with waiver of joint filing requirement. Could anyone clarify what this is? Does she need to formally divorce before these are filed?` What mitigating circumstances exist to enable her to file without husband? She has not suffered physical abuse, but has endured much mental anguish during this relationship.She has her 10 year old child from previous marriage living with her, also with conditional status


Asked on 11/19/01, 2:00 pm

1 Answer from Attorneys
John V A Holmes Immigration Law Center

Re: conditional status and divorce

She has nothing to fear. She can get a divorce or not. She will still be able to get the conditions on her residence removed. The I-751 is the form used to ask for a removal of conditions. The same form is used if the parties are divorced . The alien spouse files it without the cooperation of the USC but has to prove the marriage was bona fide from the start. In this case it doesn't matter because she can file as a battered spouse. That's a different approach, but if she can prove she has been battered, with police records primarily, it will be apprived. But she will have to see a qualified immigration lawyer for some help.

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Answered on 11/20/01, 7:43 am


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