Dear Sophie is back with another edition. This advice column answers questions related to immigration and working for technology companies.
Sophie Alcorn, a Silicon Valley immigration lawyer, said that your questions are crucial to the spreading of knowledge that allows people around the world to reach their goals and overcome borders. I'd love to answer any questions you have about Silicon Valley, whether you are a founder, people ops or looking for a job.
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Dear Sophie
After my wife and me got married in 2019, I was granted a conditional greencard. We have recently made the difficult decision that we want to end our marriage. I would like to live and work in the United States.
Is it possible to get my green card based upon my marriage through I-751 or will I have to ask my employer for sponsorship to obtain a work visa?
It's better to have loved and lost than to have loved.
Dearer,
I am sorry that your marriage did not work out. You can still get a full-fledged Green Card even if you are divorcing. Listen to my podcast with Anita Koumriqian (my law partner), in which I discuss the removal conditions on permanent residency for those who received two-year green card through marriage.
You should know that a conditional greencard was issued to you if you have been married less than 2 years at the time you applied for your greencard through marriage. This green card is valid for only 2 years and not for a 10 year period. The I-751 petition is used to prove that the couple has entered into a true, good-faith marriage. Couples must usually file an I-751 petition together. If any of these apply, however, an individual can file an I-751 petition without a spouse.
If the marriage was annulled or ended in divorce.
If the U.S. citizen spouse dies.
If the conditional resident and/or children were subject to extreme cruelty or battering.
If you are not yet divorced and don't have a family lawyer, I recommend you consult one. They will help you streamline the process. I recommend that you consult an immigration attorney to help with the I-751 filing. It can be difficult for individuals in divorce proceedings. To ensure smooth operations with U.S. immigration services, both must work in tandem. Citizenship and Immigration Services.
When can I file to remove conditions from permanent residence
You must file the I-751 within the 90-day deadline before your conditional green cards expires. I recommend that you file your I-751 as soon as possible within the time limit. You should keep in mind that if your I-751 petition is not filed within the time limit, it could be returned to you. If you file your I-751 petition after your conditional green cards expires, not only will you have to leave the U.S. but USCIS may also deny your petition. Your immigration attorney should be notified if you find yourself in this situation.
