Marriage Fell Apart During Conditional Residency: Not a Bar to an Approvable I-751
August 30, 2023

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We would like to share a successful case of our firm with you today. In 2011, our client married a U.S. citizen. She received a conditional green card through the marriage-based application in 2012. One year and nine months after receiving the conditional green card, the client applied to remove the conditions on her conditional green card. However, during the period of holding her conditional green card, the client had separated from her husband. In 2016, the client received an I-751 interview notice from the USCIS. The client and the U.S. citizen husband went to the interview together. Due to inconsistent testimony during the interview, our client received a Notice of Intent to Deny (NOID) soon after.

After being introduced by a friend, our client contacted the Law Offices of Sabrina Li. After carefully examining the client's situation, we were confident that we could help the client.

We first prepared a NOID response for our client. However, USCIS denied the I-751 petition and accused the client of a fraudulent marriage. After that, our office filed a Motion to Reconsider (I-290B) for the client. In 2019, the USCIS denied the motion and referred the case to the immigration court to deport the client.

We did not give up and believed there was still a chance for the client to obtain her green card. Regardless of previous results, the client always trusted our legal advice.

Although the client was always unwilling to file a divorce, after hearing the analysis and suggestions from our office, she finally divorced her husband and attended the court hearing.

At the hearing, Attorney Li argued for the client, requesting the judge terminate the removal proceedings, and helped successfully transferred the case back to the USCIS to file an I-751 petition with a waiver request.

In 2020, the client attended the I-751 interview without her ex-husband at the USCIS. Finally, the immigration officer reversed the initial decision, believing that the client's previous marriage was in good faith, and approved the client's I-751 petition.

In this case, the client spent ten years and experienced various difficulties before finally obtained a permanent green card. The client appreciated the support and encouragement from the Law Offices of Sabrina Li. She commented that although there are many lawyers on the market, it is difficult to find reliable, professional, and capable lawyers like us. The client believes that choosing the Law Offices of Sabrina Li was the best choice she has ever made.​

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