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Marriage Breakdown, Divorce and Green Card - Help is Available

Marriage Breakdown, Divorce and Green Card - Help is Available

Posted by: ScottMond Law Firm
February 16, 2012
Topic: Family Law & Immigration

It is unfortunate that in society overall, divorce statistics are high with 50-60% of marriages failing. However, for the foreign national who finds themselves in a difficult unbearable marriage to a U.S. Citizen due to abuse or other issues, there is way to achieve status without staying in a dangerous or unhealthy environment.

If you or someone you know has a conditional Permanent Resident Card set to expire in 2 years or less with U.S. Citizenship and Immigration Services ("USCIS"), this short post will discuss possible options.

First, if your case has not yet been sent to a U.S. Immigration judge, filing an I-751 waiver with immigration attorney representation may allow you to still receive your final Permanent Resident status without your spouse. An I-751 waiver must meet certain criteria to result in the releasing of any conditions on your Green Card even if you have divorced your spouse.

If the case has been handed over to an immigration judge to initiate removal proceedings due to break down of the marriage, this may be a good thing. A judge has a "de novo" review of the I-751 so one can get a second bite at the apple. The judge will decide independent of USCIS whether to issue the individual a Green Card. The judge can readjust with a new I-130/I-485, and the outcome would be receipt of Permanent Resident Status.

If you have questions you may email our attorneys at [email protected], or call us at one of our office numbers conveniently listed at

ScottMond Law Firm

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