Legal Question in Immigration Law in Massachusetts

Re: Removing conditional status of Green Card

So long as the divorce is finalized before your green card expired, you can ask the Immigration Service for a waiver of the joint filing requirement. Please keep in mind that a divorce takes 90 days to be finialized after the final hearing here in MA. You will have to show the Immigration Service that the marriage was entered into with good faith. You will also have to explain what happened to cause you to divorce and you will have to submit all relevant evidence that can prove the good faith of your marriage (while it lasted). You should start preparing for this in advance, especially if your divorce has not been finalized. You can feel free to contact me if you have any questions or would like to discuss your case further. Good luck!

Re: Removing conditional status of Green Card

It depends on your circumstances. You have to show that your marriage was entered into in good faith: living arrangements, filing of joint tax returns, co-mingling of assets before the divorce, etc. If the divorce is already final (Certificate of Divorce Absolute), you can proceed to file your petition to remove conditions on your residence without waiting for the second year anniversary of your conditional green card.

Re: Removing conditional status of Green Card

Possibly, but we would need more detailed information regarding your situtation. Call us today for a free phone consultation.

Re: Removing conditional status of Green Card

When the divorce is finalized and assuming that the marriage was entered into with bona fides you can file for a waiver using the I-751.