Section 10 Waiver of Joint Filing Requirement

• Library: Immigration Law Impacts in Family Law 2011

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INA § 216(c)(4) provides the grounds for a waiver of the joint filing requirement. Under INA § 216(c)(4), a CPR may have the condition on his or her permanent resident status removed without the USC spouse joining in the petition if the CPR demonstrates that:

(A) extreme hardship would result if such [CPR] is removed,

(B) the qualifying marriage was entered into in good faith by the [CPR] spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the [CPR] was not at fault in failing to meet the requirements of paragraph (1) [timely filed petition and personal interview], or

(C) the qualifying marriage was entered into in good faith by the [CPR] spouse and during the marriage the [CPR] spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident...