Legal Question in Immigration Law in Virginia

I-751 form to remove the condition of PR

My husband and I are getting divorced when it is time to file I-751 form. What's the best thing I can do to file I-751? If we get divorced first and then file I-751 myself, it can be too late. Can we file jointly first and divorce right after that? How likely is it that I don't get a permanant green card? We lived together for 4 years and the divorce is not because of abuse or anything like that. It just didn't work out. Thank you


Asked on 6/01/07, 10:09 am

2 Answers from Attorneys
Ruchi Thaker Law Office of Ruchi Thaker

Re: I-751 form to remove the condition of PR

I-751 is a joint petition and must be filed jointly. However, if your marriage was entered into in good faith but it ended in a divorce, there is a box on the I-751 that you can check off indicating this. However, the USCIS almost always denies petitions that are not filed jointly. Moreover, a denial can trigger removal proceedings, but you can renew your I-751 application before an immigration judge in removal proceedings.

Our office has extensive experiences with immigration law. Should you wish to consult us, please feel free to call us.

Thank you and best wishes!

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Answered on 6/01/07, 10:13 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: I-751 form to remove the condition of PR

File the I-751 jointly with your husband, if at all possible, before the divorce occurs, in order to remove the conditional limitation on your lawful permanent resident status and to make it as permanent as the law and relevant facts will allow for.

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Answered on 6/01/07, 11:26 am


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