Conditional Residence Waiver

A conditional permanent resident who is no longer married to the U.S. Citizen spouse for various reasons must apply for a Waiver of the Joint Filing Requirement in order to be admitted as a lawful permanent resident. In order to file a waiver of the joint filing requirement, the divorce must be final. In many cases, conditional residence status expires long before the divorce is final. In this event, applicants may file the application later, as long as there is legitimate explanation and evidence to support the application.

Upon review by the Service Center examination officer, applications in this category will be transferred to the field office having jurisdiction over the applicant’s residence to be scheduled for an interview.

This application category is also used for applicants who have been battered or abused by his/her spouse. If you are a victim of spousal abuse, please contact us as soon as possible so we can assist you to apply for removal of the conditions on your permanent residence. You must apply before you are asked to leave the United States.

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