The USCIS’ Role in Approving Conditional Green Card Waivers
Obtaining a green card, or permanent residency, in the United States can be challenging. However, many individuals who have received their green cards through marriage are given conditional citizenship in the United States.
This kind of residency is tied directly to their marriage with a native U.S. citizen, meaning they could be deported if the marriage is dissolved. To obtain permanent U.S. citizenship, the green card holder will have to apply for a conditional green card waiver.
This process is administered by the U.S. Citizenship and Immigration Services (USCIS). In this guide, we’ll explain the role they play in approving conditional green card waivers.
What Is a Conditional Green Card Removal Waiver?
A conditional green card removal waiver is a request made to the USCIS to waive the right to jointly file the Petition to Remove Conditions on Permanent Residence (Form I-751) with your spouse.
This waiver is usually sought when a marriage has ended through:
- Divorce
- Death of a spouse
- Extreme hardship or abuse
The Conditional Green Card Removal Waiver allows the green card holder to file the I-751 petition on their own, without the cooperation or involvement of their former spouse.
This is a crucial step of obtaining permanent residency status in the U.S., particularly in cases where the marriage ended due to factors outside of the green card holder’s control.
Key Factors Evaluated by USCIS for Conditional Green Card Removal Waivers
The USCIS will consider several factors when deciding to approve a conditional green card removal waiver. These factors include:
- Demonstrating a good faith marriage
- Leveraging supportive evidence to substantiate your claims
Below, we’ll discuss each of these factors in broader detail.
Demonstrating a Good Faith Marriage
One of the key factors the USCIS will evaluate is whether you entered into a legitimate marriage. Generally speaking, they will need to ascertain if you’ve established a good faith marriage.
Here are the following pieces of evidence that you will need to show to prove that you didn’t have a sham or fraudulent marriage for the sake of obtaining a green card:
- Joint bank statements, credit card statements, and other financial reports.
- Copies of utility bills, mortgage documents, and joint lease agreements.
- Photographs of you and your spouse at family gatherings, social events, or other significant occasions.
- Verifiable statements from friends, family members, and other individuals who can attest to the genuineness of your relationship.
- Evidence of joint travel, such as airline tickets, vacation photos, and hotel reservations.
- Documentation of shared responsibilities, such as joint tax tax returns and insurance policies.
Ultimately, you’ll need to demonstrate the shared experiences and lives of you and your former spouse. These pieces of evidence will go a long way to helping the USCIS understand the depth and longevity of your marriage, even if it’s ended.
Supporting Evidence for Conditional Green Card Removal Waivers
You will need to present valid and substantial proof to the USCIS to consider your conditional green card removal waiver. When filing the waiver, it’ll be your responsible to begin:
- Gathering a comprehensive set of supporting documents to substantiate the claims made in your waiver application.
- Ensuring that all evidence is properly organized, translated (if necessary), and submitted in a clear and concise manner.
- Considering the specific type of waiver being sought (e.g., divorce, abuse, or extreme hardship) and tailoring the supporting evidence accordingly.
The evidence you provide will ultimately make or break your claim. This is why it’s important to hire an immigration attorney to build a strong waiver application.
Why You Need an Immigration Attorney
The conditional green card removal process can be challenging for people who are unaware of U.S. immigrations and customs. On top of that, green card holders will have to deal with the uncertainty of knowing exactly how to communicate with the USCIS.
This is why it’s important to seek the services of a respected immigration attorney. When you choose to hire an immigration lawyer, here are some of the benefits you can receive:
- Your lawyer knows the ins and outs of the immigration process.
- They know how to submit a valid and strong waiver application based on your circumstances.
- Your lawyer knows how to file an appeal to make sure you receive full legal resources under U.S. immigration laws.
Hiring an attorney gives you the best chance of completing a successful waiver application.
Contact The Chidolue Law Firm Today!
The USCIS devotes a considerable amount of resources into reviewing conditional green card removal waivers. If you want a strong chance at a successful application, you should contact the legal team at The Chidolue Law Firm.
We have several years of experience in navigating waiver applications. In addition, we can guide you on the path of citizenship so you can receive the peace of mind you deserve.
If you’re ready to discuss your case, contact us today to speak to a member of our team.
