1. Best Immigration Lawyer NYC | Case Overview and Legal Context
This matter involved a conditional permanent resident residing in New York who obtained lawful status through marriage to a U.S. citizen and later faced divorce before the statutory deadline to remove conditions.
The best immigration lawyer NYC structured the case to comply with federal requirements under INA §216(c)(4) while accounting for New York divorce procedure timelines under the New York Domestic Relations Law.
Background of conditional residence and marital breakdown
The client entered the United States lawfully and married a U.S. citizen in New York, resulting in approval of conditional permanent residence pursuant to INA §216(a).
Before the two year anniversary of permanent residence, the marital relationship deteriorated due to irreconcilable differences, and divorce proceedings were initiated in New York Supreme Court.
Because the marriage ended prior to joint I-751 eligibility, the client became legally required to pursue a waiver based on a good faith marriage that was terminated through divorce.
2. Best Immigration Lawyer NYC | I-751 Waiver Strategy Under Federal Law
Under federal immigration law, a conditional resident may independently file Form I-751 when the marriage was entered into in good faith but later terminated, as provided under INA §216(c)(4)(B).
This case required careful timing and evidentiary strategy due to the overlap between USCIS adjudication standards and New York divorce proceedings.
Establishing good faith marriage without a joint petition
At the time of filing, the divorce had not yet reached final judgment under New York Domestic Relations Law §170, making documentary preparation particularly critical.
The legal team submitted extensive evidence demonstrating a bona fide marital relationship, including joint financial accounts, shared residential leases, insurance records, affidavits, and photographs spanning the duration of the marriage.
Each exhibit was organized to directly address USCIS policy guidance regarding intent at the time of marriage rather than the ultimate outcome of the relationship.
3. Best Immigration Lawyer NYC | Responding to USCIS RFE and Divorce Decree Submission
USCIS issued a Request for Evidence (RFE) seeking confirmation of the final divorce decree, a common procedural step in I-751 waiver cases where divorce is pending at filing.
Timely and accurate response to this RFE was essential to avoid denial or prolonged adjudication.
Coordinated response to USCIS evidentiary demands
Once the New York court issued the final Judgment of Divorce, the legal team promptly submitted the certified decree along with a detailed legal brief referencing INA §216 and relevant USCIS policy memoranda.
The response clarified that federal law permits conditional residents to file prior to divorce finalization, provided the decree is submitted when available.
This strategic coordination between immigration counsel and New York family law timelines ensured uninterrupted lawful status throughout the adjudication process.
4. Best Immigration Lawyer NYC | Case Outcome and Legal Significance
Following review of the complete evidentiary record, USCIS approved the I-751 waiver and issued a ten year permanent resident card.
The outcome demonstrates how experienced legal guidance can resolve complex post divorce immigration issues without removal proceedings or status interruption.
Long term immigration stability after divorce
This case highlights the importance of legal strategy when marriage based immigration intersects with New York family law.
With the support of a best immigration lawyer NYC, the client successfully demonstrated compliance with federal law and preserved permanent resident status despite divorce.
The matter stands as a clear example of how good faith marriage waivers can be approved when supported by credible evidence and precise legal advocacy.
13 Jan, 2026
