How to Become Legal After a Divorce to a United States Citizen
- 1). Apply for a waiver. The waiver request is filed on form I-751 (Petition to Remove the Conditions on Residence).The waiver can be based on extreme hardship if deported, termination of a good-faith marriage or battered spouse/child grounds. The immigrant spouse must prove that during the marriage, she (or her children) was battered or the victim of extreme cruelty by the U.S. citizen. Two ways to prove that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned the property jointly.
- 2). Obtain unconditional permanent residency. After filing form, I-751, The USCIS will send a Notice of Action (NOA) that extends the validity of your green card for one year. That notice plus the green card is proof of permanent resident status.
- 3). Become a U.S. citizen. When you are married, the permanent residency requirement is three years. After a divorce, the residency requirements are five years before you are eligible to apply for U.S. citizenship.
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