I-751 Waiver Frequently Asked Questions


Will I be able to travel abroad while the joint petition or waiver is pending with USCIS, even if my hard copy green card is expired?

After you file your petition, USCIS will issue you a receipt notice on Form I-797 that will extend your conditional resident status for one year. The I-797 will serve as your green card after your conditional card expires and will allow you to continue to live and work in the United States and travel abroad.

But please contact an attorney as certain cases does not allow for travel.

Is an interview required in Waiver Cases?

Waivers are generally more difficult to get approved and many district offices require an interview of the noncitizen spouse for the case to be approved.

However, Tsang and Associates has been successful in getting waiver cases approved without an interview because we put the best case possible forward, which is usually heavily documented.

What if my joint petition or waiver is denied? Can I appeal?

An appeal of a joint petition denial can only be reviewed by an immigration judge in a removal/deportation hearing (immigration court).

For the divorce waiver, can I file it before the divorce or annulment is finalized?

If you cannot wait to file the I-751 until your divorce is final (as might be the case if the two-year deadline is about to expire or if you are already in removal proceedings), USCIS gives you a little bit of a break. USCIS will accept your I-751 without evidence of a final divorce, and then send you a “Request for Evidence” asking for the final divorce decree within 87 days.

It is extremely important to plan for the waiver before the divorce or annulment is finalized.

For the hardship waiver, do I have to prove that the marriage was entered into in “good faith”?

It is not required with this waiver, our firm's policy is to prove it since it increases the chances of success.

For the abuse or battery waiver, do I have to prove that the marriage was entered into in “good faith”?

While it is not required that you be divorced or even separated, you do have to prove good faith.  Our firm's policy is to prove it when applicable since it increases the chances of success.