Legal Question in Immigration Law in New York

I got a conditional green card on the basis of marriage to a US Citizen. Later on I started my medical residency trining on conditional green card. I have to file for removal of condition in July this year. But our relationship is not going well and she wants a divorce. we are married for 2.5 years but I received my conditional green card 1.5 years back

Can I get a waiver for the condition or can I switch to J1 or H1 to complete my medical residency in case she refuses to file for removal of condition ?

Asked on 2/21/11, 12:30 pm

4 Answers from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

Please contact my office to discuss the options available to you at 1-800-408-5818.

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Answered on 2/21/11, 12:36 pm
Luba Smal Smal Immigration Law Office

You can file to remove condition either jointly with your wife OR as a waiver after divorce. If you are still married but separated and not living together, you can't file it as a waiver. The petition to remove conditions must be filed within 90 days prior to expiration of your conditional card.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesnít create an attorney-client relationship. If you want to schedule legal consultation, or need legal advice and help, or help with reviewing the documents and paperwork that you prepared yourself - you can EMAIL me at Attorney@ and Iíll send you a confidential Questionnaire and instructions. Or complete an Info Form with a consultation request at . For more information please visit

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Answered on 2/21/11, 12:49 pm
Attorney Caro Kinsella Law Offices of Caro Kinsella

You can either jointly file the I-751 to remove the conditions off the green card; or file to remove conditions by yourself, In the latter the I-751 essentially acts as a waiver (there are four grounds that range from extreme hardship to divorce).

Obviously you can change status to a J-1 or H-1B etc. but I feel you are so close to attaining your permanent green card that if you have a good case along with a solid legal argument I would file to remove the I-751 by yourself, without your spouse.

Feel free to contact me for a free consultation to further explain.

Caro Kinsella

Immigration Attorney


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Answered on 2/21/11, 12:52 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.


The I-751 can be filed singly if it can be shown that you are now divorced and that the marriage was a bona fide marriage at the time that it was entered into. The I-751 must be filed prior to expiration.

You can contact our law firm at 212-268-3580 during business hours, or email for guidance.

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Answered on 2/21/11, 1:28 pm

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