McBean Immigration Law

Client’s Conditions on Permanent Residence Successfully Removed Despite Separation

We are delighted to share a heartwarming story about our client from Jamaica who successfully removed the conditions on his green card through the I-751 petition, despite being separated from his U.S citizen spouse.

Our client scheduled a consultation with us in January 2023.

He stated that he and his U.S. citizen wife filed a joint I-751 Petition to Remove Conditions on Permanent Residence in January 2021.

Obtaining permanent residency through marriage comes with certain conditions.

After two years of being a conditional permanent resident, individuals must file Form I-751 to remove these conditions to get their 10-year green card.

However, this process can be complicated, especially if the couple has separated during this period.

The client received a Request for Evidence (RFE) in January 2023.

The RFE requested additional evidence of his good-faith marriage.

However, the client was now separated from his wife.  

We, therefore, requested a waiver of the joint filing requirement.

One of the primary challenges in our client’s case was to prove that despite the separation, there was a genuine intention to live their lives as husband and wife.

Our team meticulously gathered and presented evidence showcasing the history of their relationship, joint financial commitments, shared assets, and other documentation that demonstrated their commitment to one another.

For our request for a waiver of the joint filing requirement, we had to show that our client suffered hardship during the period of his conditional residence.

We compiled evidence to show his ties to the U.S, his financial hardship, and his lack of employment prospects if returned to Jamaica.

We responded to the RFE before it was due on the first week of June 2023.

We are thrilled to announce that the United States Citizenship and Immigration Services (USCIS) approved our client’s I-751 petition!

He received his ten-year green card in the mail on the second week of July 2023.

This case is a testament to our team’s dedication, expertise, and relentless pursuit of positive outcomes for our clients.

We take immense pride in every success story we create and remain committed to advocating for immigrants’ rights.

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author


McBean Law, PLLC is a New York, Westchester-based immigration law firm that represents clients in the United States and across the globe.

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