If the divorce was finalized before the end of the two-year conditional period, the foreign national should also be prepared to provide a written explanation detailing the reasons for the divorce. USCIS grants I-751 waivers on a discretionary, case-by-case basis after considering the individual circumstances. For instance, if USCIS determines that the foreign national spouse was at fault for the divorce by abandoning the other spouse or committing adultery, the waiver may be denied. But if, on the other hand, USCIS determines that the foreign national spouse made a good faith attempt to make the marriage last or the foreign national spouse is the victim of domestic abuse, USCIS will be more likely to grant a waiver.

Divorce is never easy, and it is even more stressful when one of the spouses is a foreign national. Whether you have a conditional green card or unconditional permanent resident status, the Chicago family immigration lawyers at the Shapiro Law Group have the knowledge and experience necessary to advise you on impact of the divorce on your immigration status. If you have conditional permanent resident status, we will help you file the necessary documents to seek a waiver of the joint filing requirement.

Contact^[1] our office at (847) 564-0712 to speak with an experienced Illinois green card attorney.

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