One critical aspect we assist with is the preparation and filing of Form I-751, the Petition to Remove Conditions on Residence. Form I-751 is a vital document filed by conditional permanent residents seeking to eliminate the conditions attached to their Green Cards. These conditions are initially imposed when an individual acquires their Green Card through marriage to either a U.S. citizen or permanent resident. The initial Green Card issued in such cases is a conditional one, valid for a period of two years.
To ensure the continuity of their permanent residency status, individuals must submit Form I-751 within the 90-day window preceding the expiration of their conditional Green Card. Our dedicated team of immigration professionals is here to guide you through this process, providing the expertise and support needed for a seamless and successful submission. Trust us to navigate the complexities of Form I-751 and safeguard your continued residency in the United States.
To ensure the continuity of their permanent residency status, individuals must submit Form I-751 within the 90-day window preceding the expiration of their conditional Green Card. Our dedicated team of immigration professionals is here to guide you through this process, providing the expertise and support needed for a seamless and successful submission. Trust us to navigate the complexities of Form I-751 and safeguard your continued residency in the United States.
Requirements for I-751 Removing Conditions
- Conditional Permanent Resident Status: The petitioner must be a conditional permanent resident, meaning they obtained their Green Card through marriage to a U.S. citizen or permanent resident, and their Green Card is valid for a two-year period.
- Joint Filing (Marriage-Based): If the conditional permanent resident is still married to the same U.S. citizen or permanent resident spouse through whom they obtained their Green Card, they should file the I-751 petition jointly with their spouse.
- Good-Faith Marriage: The petitioner must demonstrate that their marriage was entered into in good faith and not solely for the purpose of evading U.S. immigration laws. Evidence of a bona fide marriage includes joint financial accounts, shared assets, joint lease agreements, photographs, affidavits from friends and family, and other documentation.
- Divorce or Death of Spouse: If the conditional permanent resident is no longer married to the same spouse, they may still be eligible to file the I-751 petition by requesting a waiver of the joint filing requirement. They must provide evidence that the marriage was entered into in good faith and subsequently terminated due to divorce, annulment, or the death of the spouse.
- Extreme Hardship Waiver: In certain circumstances, if the conditional permanent resident cannot file jointly with their spouse and they can demonstrate that they would suffer extreme hardship if they were removed from the United States, they may be eligible for an extreme hardship waiver. This requires substantial evidence to prove the hardship to the petitioner or qualifying relatives.
Along with the I-751 petition, the petitioner must submit evidence to support their eligibility. This includes documentation that shows the authenticity of the marriage, such as joint financial records, shared living arrangements, children's birth certificates, and affidavits from friends and family.
USCIS issues a receipt notice upon receiving the I-751 petition, which serves as evidence of the conditional permanent resident's continued status for up to 18 months from the expiration date of the conditional Green Card.
USCIS may issue an RFE if additional documentation or clarification is required to adjudicate the I-751 petition. It is crucial to respond to the RFE within the given timeframe to avoid a denial.
USCIS may schedule an interview to review the I-751 petition. The interview allows USCIS to verify the legitimacy of the marriage and assess the petitioner's eligibility for the removal of conditions.
Upon approval of the I-751 petition, the conditions on the conditional Green Card are removed, and the petitioner receives a 10-year Green Card, granting them permanent residency.
USCIS issues a receipt notice upon receiving the I-751 petition, which serves as evidence of the conditional permanent resident's continued status for up to 18 months from the expiration date of the conditional Green Card.
USCIS may issue an RFE if additional documentation or clarification is required to adjudicate the I-751 petition. It is crucial to respond to the RFE within the given timeframe to avoid a denial.
USCIS may schedule an interview to review the I-751 petition. The interview allows USCIS to verify the legitimacy of the marriage and assess the petitioner's eligibility for the removal of conditions.
Upon approval of the I-751 petition, the conditions on the conditional Green Card are removed, and the petitioner receives a 10-year Green Card, granting them permanent residency.
It is essential to consult with an immigration attorney or an experienced immigration professional when preparing the I-751 petition.