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Immigration Issues/Separation before removing condition on residence


I am married to a USC and we are having marital difficulties. My conditional green card expires in June 2013. I am getting ready to file Form I 751 to remove conditions on residence but my spouse says he is not sure if he wants to be on the petition.
1. If I am unable to file a joint petition, do I have to file for a legal separation BEFORE I can submit form I 751 with a waiver request?
2. Is there a way to file a waiver right away, as I know that this filing process will be difficult?
3. Do I need to engage both an immigration lawyer and a family law attorney?


Dear RK: Sorry to hear about your situation. However, my responses to your queries are:

1) No;
2) You may file the waiver within 90 days of expiration;
3) No; you only need an immigration lawyer to file the waiver. (You may need a family lawyer for family dispute/resolution matters.)

I would recommend that you hire an experienced immigration attorney with experience of filing I-751 waiver's.  We have filed many I-751 waivers with affirmative results; you may send your documents for review and preparation to us and we will be more than happy to assist you.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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