I751 - Application to remove conditional Residential status

B

bandhuvb

New Member
Hi,

my cousin sister was married to a guy , they applied for her greencard,. but soon after marriage ( 3 months ) the guy started mistreating her and beating her.

So they filed for divorce, now her status is that she has to get some stamp on her passport every year.

can u please let us know if we could get her a green card or what is the modality to get one.

ur help will be highly appreciated.

Regards.
Bandhu
 
I'm a bit confused as to what happened and when. Based on your heading, it appears that this is an I-751 case and she therefore would need to check the appropriate waiver blocks on the 751. If they are not divorced, she would need to show violence and extreme cruelty. This may actually be easier to do than seeking a waiver based on a bona fide marriage that failed. I probably would seek a waiver on both grounds if possible. It's very fact specific though and could become a mess if not properly handled and presented (in fact, it could become a mess anyway).

Get a good attorney who has done this type of thing before. The attorney must attend the interview with your cousin.
 
Hello Sir, thank for ur response. Yes she is under the I751, we have approached an attorney , but for the last one year , my cousin has had to go to the federal plaza to get her passport stamped. The problem is that , the attorney has not explained us clearly what will happen and when this matter may finish. He has not gone with my cousin even once , since last one year It would be great if u could throw more light on this matter.
 
you need to specified your case.

As long as you can prove more evidence that the marriage is in a good faith, you can apply as waiver, no lawyer is needed at all.

if you apply I-751 as abuse, you need police record, sth. can prove that you did abused.
 
Thanks for ur reply,

specifying the case :

1) my cousin got married and after few months , they could not get along well. Her husband never treated her like his wife. Eventually they filed for divorce.

2) She has approached an attorney for I-751, but for almost more than a year , there does not seem to be any progress. She has had to go the Federal Plaza to get her passport stamped.

3) Her current date is as of 14th August 2004, the attorney has adviced her to visit the Federal Plaza by 2nd week of July to get it stamped again.

4) we are absolutely unclear , as to what will happen next, when will it happen ?

5) the issues bothering us are :
a) will she get a permamnent residence status ?
b) in the current situation can she visit India ?
c) How can we ensure that the matter is resolved at the earliest.

Your feedback on the above will be highly appreciated.

Regards.
Bandhu
 
a) will she get a permamnent residence status ?
All depends on the evidences she provided when she filed her I-751. what was her status when she married? H1? I-485? She only married for three months, but as long as the evidences she provided can prove that she did not get married to evade the immigration laws of the United States.


b) in the current situation can she visit India ?
She can, as long as she has her current valid I-551 stamp on her passport and will return before it is expired. I would suggest to bring the letter with her from USCIS which said her status is extended.

c) How can we ensure that the matter is resolved at the earliest.
Nothing you can do now, some people filed I-751 jointly still waiting for the approval from USCIS.
 
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