Comprehensive Overview of Immigration Law (COIL) Practice Exam

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Can a conditional resident file a waiver of the joint petition requirement if they divorce their spouse?

  1. No, they must wait for approval

  2. Yes, they can file a waiver

  3. Only if they were married for more than five years

  4. No, they lose their residency

The correct answer is: Yes, they can file a waiver

A conditional resident can indeed file a waiver of the joint petition requirement if they divorce their spouse. This is grounded in the provisions of U.S. immigration law, which recognizes situations where the marriage may no longer be viable due to divorce or other qualifying circumstances. By filing a waiver, the conditional resident can still seek to adjust their status to that of a permanent resident despite the end of the marital relationship. The law is designed to protect individuals who may find themselves in an abusive relationship or in circumstances where the marriage is no longer functioning as originally intended. Thus, the waiver serves as a critical mechanism for those who wish to maintain their lawful residency in light of changing personal circumstances.

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