Removal of Conditions on Residence Status I-751 Waiver
An I-751 Waiver of the Requirement to File the Joint Petition allows an immigrant to file an I-751 petition alone, without a joint petitioner in order to remove conditions on their conditional permanent residence status. An immigrant who has conditional permanent residence status (known as a 2 year greencard or temporary greencard) through marriage to a United States citizen, who is unable to file a joint petition on account of divorce, or death of a U.S. citizen spouse, or a refusal to cooperate by the other joint petitioner can file a waiver without a joint petitioner if they can show:
- The marriage was entered into in good faith, but the marriage ended through a divorce; and/or
- The marriage was entered into in good faith, but the marriage ended through the death of the United States citizen spouse; and/or
- That you were subjected to physical battering and/or extreme mental cruelty by your United States citizen spouse; and/or
- That your deportation would result in extreme hardship, one greater than normally experienced by someone who is deported.
Similar to the joint petition, the application for a waiver must be filed within 90 days prior to the two year conditional residency expiration.Proof of a good faith marriage
In addition to the waiver you must provide documentation that the marriage was not entered into solely for immigration benefits. Some of the documentation to prove this may include and is not limited to:
- Letters written between the parties, or to the parties and other correspondence referencing both parties as a couple.
- Letters received from a spouse while dating, separated, or during any other stage in the relationship.
- Wedding photographs or photographs of other moments when you and your spouse were together either with other family members or friends.
- Birth certificates of children from the marriage.
- Tax returns (filed jointly, or as married).
- Savings & checking account statements for the last 9 months (joint account).
- Lease on apartment/ house deed; rent receipts.
- Medical insurance; spouse as a beneficiary, car insurance.
- Charge cards in both your names.
- Letters from employers, showing emergency contact info.
- Automobile registrations.
- Driver’s licenses.
These documents should be dated from the time of adjustment of status to the date of filing the petition.Proof of Extreme Hardship
In proving that your deportation would result in extreme hardship you must be able to explain the consequences of returning to your country of origin in a written statement. This may include:
- Showing that you do not speak the language that is spoken in your home country if you have been in the United States since a young age.
- That your U.S. citizen children would have to accompany you to your country of origin if you are the primary caregiver or custodial guardian resulting in difficulty for your children in assimilating to the culture of your home country.
- Your U.S. citizen children would not have access to adequate medical care or education in your country of origin.
- A showing that you have a serious illness and your removal would result in diminishing your health even more.
- You have close family ties in the United States.
- You will have lost career opportunities or pensions.
- There are serious economic and political problems in your country of origin.
Extreme hardship is hardship that is greater than that normally experienced by someone who is deported.Proof of Physical or Psychological Abuse
To prove abuse by a United States spouse, you must write a detailed statement that explains incidents of abuse. Evidence must be provided to support the claim and may include:
- Police reports documenting any incidents of abuse.
- Past or present court orders including pleadings and depositions that document abuse.
- Hospital or clinic reports showing incidents of abuse.
- Letters of support from counselors, mental health professionals, support groups, therapists, etc.
If you are a current conditional lawful permanent resident and need assistance in removing conditions our attorneys want to help you. Call our Boston, Massachusetts, office at 617-426-8100 or send an email for a confidential meeting.