Are you a foreign-born individual who married a US citizen and applied for a green card in order to remain the US with your spouse; only to have your marriage end in divorce before your conditional green card or conditional permanent residence expires? If so, call the Law Offices of Robert David Baker today to learn about your rights, and about what legal steps you must take next in order to remain in the US legally.

Many foreign-born individuals worry that upon their divorce they may be deported or otherwise forced to leave the US and the life that they have built here. They may worry about having to leave family behind, including minor children. If you are a foreign-born individual with a conditional green card who is contemplating or facing divorce before the conditional permanent residence period expires, you will need to file an I-751 waiver form with the USCIS when your divorce becomes final.

What is an I-751 form and an I-751 form waiver?

Generally, when foreign-born individuals marry US citizens, they apply for a green card in order to remain in the US with their new spouse. In order to become a permanent United States resident, they must then file for a conditional green card, which is valid for a period of two (2) years. Once that conditional period has been fulfilled, the individual may submit a form I-751. The filing of this form applies to remove the conditional aspect of the green card so that it is valid for a period of ten (10) years.

If you will be divorced before the initial, conditional 2-year period of residency granted by your green card has expired, you will need to submit an I-751 waiver form. Due to the complexity of the forms required, as well as the red-tape that often surrounds immigration proceedings, it is essential that you retain a skilled and experienced immigration and family law attorney, like attorney Robert David Baker. Attorney Baker will work with you to thoroughly document your marriage, and include proof of joint assets, joint income tax returns and all documentation necessary to prove or bolster your assertion that despite it’s short duration, your marriage was a valid one, and undertaken for all the right reasons. If you have previously submitted an I-751 waiver form and had your form denied, contact our law office today. We can help you to renew and resubmit the necessary paperwork and forms before an immigration judge.

The Law Offices of Robert David Baker has been advocating for individual’s rights for several decades and we are proud to champion the rights of Los Angeles area residents, regardless of citizenship status. If you have any questions about your legal status in the US, please call us today to set up a free consultation and to speak to our compassionate, understanding and knowledgeable staff.