Best Immigration Lawyer NYC I-751 Waiver after Divorce

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.

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.

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.

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.