Page 23 - Vol3-8

IMMIGRATION PROFESSOR’S CORNER by ROBERT PERKINS, ESQ

Situation 1: Immigrant Gets a Two-Year Green common one is to show that the marriage was
Card from the Marriage, but the Marriage “in good faith” and not just to get a green card. I
has Failed and the Coupled has Separated or typically have my clients write a detailed statement
Divorced explaining how they met and married their spouse
When an immigrant obtains permanent and what happened during the relationship and
resident status because of a spousal petition, and what caused the relationship to break down
the couple has been married for less than two leading to separation and divorce. In addition, we
years, the immigrant will receive a “conditional submit the type of good faith marriage evidence
green card” for two years. The immigrant is then that the client submits to immigration when they
required to file a form I-751, Petition to Remove go to their marriage interview. Depending on the
Conditions to transition to a regular 10-year green facts of the case, it may still be approved even with
card. The purpose of the petition is to give USCIS a small amount of evidence. In fact, some years
a second chance to check that the couple is in a back I represented a woman from the Philippines
real marriage. If the couple is still married, they who came here with an initial two-year green
file the I-751 petition jointly and provide proof card and, after living with her husband in bad
to the immigration service that they are in a real conditions for only 3 weeks, left the marriage. Our
marriage. firm was still able to get enough evidence for her to
However, not all marriages last forever. In some keep her two year green card by showing the awful
cases, the couple gets separated or divorced prior conditions she lived in and that she entered the
to the two-year anniversary of the beneficiary marriage in good faith.
obtaining the conditional green card. When this
happens, the immigrant can still petition to have
the conditions removed, transition to a permanent
10-year green card and eventually become
a naturalized United States Citizen. The
immigrant will need to file an I-751 petition
along with a request for a waiver of the
joint filing requirement. This allows the
green card holder to waive/excuse/
pardon the normal requirement that
the US citizen jointly sign and file
the I-751 petition.If the petition is
granted, then the immigrant gets a
regular 10-year green card and can
apply for naturalization 5 years from
the date of the initial 2-year green card
even though he/she is divorced. In fact,
this petition can only be granted when
the couple divorces and filing for divorce is
required before filing this type of petition.
Although there are a few ways to file the I-751
Petition while separated or divorced, the most

manilaupmagazine.com 23