Removing Conditions on Residence After Divorce or Separation

Everyone’s path is unique. No matter where you were born, you can build a great life here. 

You may not have been born a US citizen, but now you have an opportunity to lead a great life here.  You were fortunate enough to have a marriage that produced (among many other things) a 2-year conditional green card, but that marriage did not last.  Your marriage was the basis for your green card, but you still want to stay in the US, and that green card is expiring soon.  What should you do?

Your basic goal is to go through the “removal of conditions” process and to upgrade your 2-year green card to a 10-year green card.  That requires filling out Form I-751correctly, on-time, and with a divorce waiver.  The waiver allows you to apply for your 10-year green card without your ex-spouse’s involvement.

These cases can be tricky, but winnable, if your marriage was lawful, you entered it in good faith, you can provide evidence of that, and you already have your green card.  

However, if you are already divorced or separated – or in the process of divorcing – an initial marriage-based green card case may not move forward through the standard process. In those situations, the case becomes more complex and may require a waiver or a different legal strategy. 

Besides helping you through all the intricacies of the removal-of-conditions process, your attorney will also help you provide evidence that shows your marriage was legal and that you tried to make it work.  That evidence may include joint documents, receipts, affidavits, a timeline of the relationship, etc.

You can contact me, Boston immigration attorney Giselle M. Rodriguez, to discuss your case.