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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

For many immigrants in Illinois, the journey to securing permanent residency involves filing Form I-751, Petition to Remove Conditions on Residence. Typically, this petition is filed jointly by the conditional resident and their spouse. But what happens when your spouse refuses to cooperate? At Kasturi Law LLC, we help individuals navigate this challenging situation by filing waiver-based I-751 petitions. Here’s what you need to know about this process and how our team can assist.

Understanding Conditional Green Cards

If you obtained your green card through marriage and your marriage was less than two years old at the time of approval, you likely received a conditional green card. This status is valid for two years and requires filing Form I-751 to remove the conditions. Generally, this is a joint filing process with your spouse, demonstrating that the marriage is bona fide (genuine).

Filing a Waiver-Based I-751 Petition

When Joint Filing Isn’t an Option

Life circumstances can complicate the joint filing process. If your spouse refuses to cooperate due to divorce, separation, or other personal reasons, you can still pursue permanent residency by filing a waiver-based I-751 petition.

USCIS provides several grounds for waiver-based petitions. You only need to meet one of these conditions:

  • Divorce or Annulment (Good Faith Marriage):
    • You can file for a waiver if your marriage was genuine but ended in divorce or annulment. It’s crucial to prove that the marriage was entered into in good faith.
  • Abuse or Extreme Cruelty:
    • If you suffered abuse or extreme cruelty by your U.S. citizen or permanent resident spouse, you may qualify for this waiver. Evidence such as police reports, restraining orders, or affidavits from professionals can strengthen your case.
  • Extreme Hardship:
    • This waiver applies if you demonstrate that you would face extreme hardship if removed from the United States. Hardship factors may include medical conditions, financial burdens, or conditions in your home country.

Proving Your Case

Filing a waiver-based I-751 petition requires substantial evidence to convince USCIS of your eligibility.

Depending on the waiver type, you may need to provide:

  • Proof of a genuine marriage, such as joint financial accounts, leases, or photos.
  • Documentation of abuse, such as medical records, police reports, or affidavits.
  • Evidence of extreme hardship includes medical records, financial statements, and country conditions.

Common Challenges and How to Overcome Them

  • Insufficient Evidence:
    • USCIS requires convincing documentation to approve a waiver. Work with an experienced attorney to gather and organize the necessary proof.
  • Timing Issues:
    • Filing late or missing deadlines can jeopardize your status. It’s critical to file within 90 days before your conditional green card expires or explain late filing.
  • Requests for Evidence (RFE):
    • If USCIS requests additional information, respond promptly and thoroughly with the help of legal counsel.

How Kasturi Law, LLC Can Help

At Kasturi Law LLC, we understand how overwhelming it can be to navigate the I-751 waiver process without your spouse’s cooperation.

Our team provides personalized assistance, including:

  • Evaluating your situation to determine the best waiver option.
  • Helping you gather and present compelling evidence.
  • Representing you throughout the process, including responding to Requests for Evidence(RFEs) or attending interviews.

If you’re in Illinois and need to file a waiver-based I-751 petition, Kasturi Law, LLC is here to help. Don’t let a lack of cooperation from your spouse prevent you from achieving permanent residency. Contact our immigration law firm today to schedule a consultation and take the first step toward securing your future.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.