1 / 9

I-751 Waiver Where a Marriage Ends in Divorce

http://www.shusterman.com This presentation explains what you should do if you marriage ends in divorce before before your two-year green card expires. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Generally, you and your US citizen spouse must submit a joint I-751 petition within the 90 day period before your green card expires. However, if your marriage ends in divorce, be ready to file a I-751 waiver of the joint petition requirement as soon as the divorce is final, but before your two-year green card expires. If your I-751 is approved, you will receive a 10-year green card. If your I-751 is denied, you will be put into removal proceedings in Immigration Court. Remember that you can renew your I-751 waiver petition before the Immigration Judge. For more information, please see our I-751 Waiver page at http://shusterman.com/i751waiverwhereamarriageendsindivorce.html

carlshusterman
Télécharger la présentation

I-751 Waiver Where a Marriage Ends in Divorce

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. I-751 Waiver Where a Marriage Ends in Divorce Immigration Attorney Carl Shusterman

  2. Conditional Residence • History: Prior to 1986 • 1986: 2-Year Green Cards • Green Cards Based on Marriage to USC/LPR • Marriage is Less Than 2-Years Old

  3. I-751 – Turns 2-Year into 10-Year Card • Spouses File Form I-751 Jointly • 90 Day Period Before End of 2 Years • Must Submit Proof of Bona Fide Marriage • Usually, No Interview Required

  4. I-751 Waiver: Divorce or Annulment • Waiver of Joint Petition Requirement • Can Be Filed ASAP after Divorce • File Prior to the Expiration of 2-Year Green Card • Interview Usually Required

  5. Purpose of I-751 Waiver • Proof that Marriage was Bona Fide • Marriage Based on Love, Not Just for GC • Cooperative Ex-Spouse?

  6. How to Document Your Waiver • Proof of Living Together • Joint Assets • Affidavits

  7. Consequences of I-751 Denial • Removal Proceeding Before Judge • Ability to Renew I-751 • Appeal to BIA if Necessary • Section 204(c) Penalty

  8. Do You Need An Attorney? • Not Usually Necessary for Joint Petition • Necessary for I-751 Waiver • 20-30 Exhibits • Preparation of Testimony/Witnesses

  9. I-751 Waiver Resources on www.shusterman.com • We link to the I-751 form and instructions • We link to the USCIS Memos on 751 Waivers • We link to Federal Court Decisions

More Related