If you’re the holder of a conditional identification and are becoming divorced, you’ll understandably worry about your permanent residency status.
Conditional green cards (formally referred to as “permanent resident status on a conditional basis”) are issued to non-citizens who are married to U.S. citizens for less than two years. A significant distinction between a conditional identification and a daily identification : this conditional green card expires after only two years, as against 10 years..
Removing Conditions from a Green Card
Typically, the immigrant and his or her spouse must jointly appeal the U.S. Citizenship and Immigration Service to convert a conditional green into a 10-year identification . That can grow confused, however, if the couple is divorcing or has accepted a divorce.
If your divorce isn’t yet finalized, you’ll ask your spouse to submit the petition to get rid of the conditions of residence.
However, if your spouse refuses, or if your divorce has already been finalized, then you’ll need to apply for a waiver:
“You may ask a waiver of the joint petitioning claims if: Your deportation or removal would end in extreme hardship; [y]ou entered into your marriage in straightness , and to not evade immigration laws, but the wedding ended by annulment or divorce, and you weren’t guilty in failing to file a timely petition, [or] [y]ou entered into your marriage in straightness , and not to evade immigration laws, but during the wedding you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you weren’t guilty in failing to file a joint petition.”
Requesting a waiver has serious legal consequences, and you’ll be required to undergo an interview before your application is approved. It is important to urge the recommendation and guidance of an experienced immigration attorney to assist make sure that your waiver request is granted.