Legal Question in Immigration Law in Texas

Hello,

I am asking about filing an I751 waiver form.

This is to remove conditions on a temporary green card alone. How likely is it that temporary green card holder will be denied? Are waivers more likely to be denied than just staying married and filing jointly? This is what is available to send it with the application: jointly filed

taxpapers for one year, lease with both names for one year, gym membership together for one year,joint bank account,some emails, car insurance with both names and no pics.

Is more advisable to stay married when going through the I751 process? If filing jointly how long would it normally take if going through the Vermont center?


Asked on 12/14/10, 8:55 am

2 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

There is a great deal of evidence that is normally submitted with the I-751 and if there is a divorce, then a Divorce Waiver must be filed. You can contact my office to determine what is needed.

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Answered on 12/19/10, 9:13 am
Luba Smal Smal Immigration Law Office

If you are separated but not yet divorced, you can't file the I-751 and your status can be terminated.

If you are divorced and filing alone after divorce, yes, it can be approved. However, it's much more difficult to have your conditions removed after divorce as compared to a couple filing jointly.

I suggest you at least consult a good lawyer. It's advisable to hire a good lawyer to assist you with filing.

Not having any photos together is generally a bad sign when petitioning to remove conditions.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you want to schedule a legal consultation, I would be happy to help and advise you. You can email me at [email protected] or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information visit http://www.law-visa-usa.com/contact_us.html

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Answered on 12/19/10, 10:44 am


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