Removal of Conditions Lawyer (I-751)

Why to Remove Conditions on a Green Card?

Removing conditions from a conditional green card is a pivotal step in seeking permanent residence. It allows the lawful permanent resident to transition from temporary to full permanent resident status.

If the conditions aren't removed, the card expires, and the individual's legal status becomes uncertain. The removal of conditions process, which typically occurs within 90 days before the card's expiration, demonstrates that the marital relationship remains genuine and ongoing.

I-751 attorneys at SimVisa are adept at navigating this process and can help guarantee that your path to permanent residency is smooth and unimpeded.

Who Can Remove Conditions on Permanent Residence?

Generally, you may apply to remove conditions on permanent residence if any of the following conditions are true:

• You’ve been married to the same U.S. citizen or permanent resident for at least two years (your children may be included if they received conditional resident status concurrently or within 90 days).
• You're a child and cannot be included in your parents' application for a valid reason.
• You're a widow or widower of a U.S. citizen, and your marriage was genuine.
• Your marriage ended through divorce or annulment.
• You or your child experienced abuse or extreme hardship by your U.S. citizen or permanent resident spouse.
• Termination of your conditional status would cause you extreme hardship.

This list may not reflect your individual circumstances. Consult an experienced immigration attorney at SimVisa to learn more about your eligibility.

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When Should I File Form I-751 to Remove Conditions on My Green Card?

You should submit Form I-751, Petition to Remove Conditions on Residence, during the 90 days immediately before your conditional green card expires.

It's crucial to file within this timeframe to avoid potential complications or loss of status. If you fail to do so on time, you risk termination of your conditional resident status and potential deportation proceedings. As such, it's important to note the expiration date on your green card and initiate the process well in advance.

Can I Apply to Remove Conditions If I'm No Longer Married to the Petitioner?

Yes. In situations where a marriage has ended due to divorce or annulment, a former spouse may file Form I-751 with a waiver of the joint filing requirement. The following scenarios may qualify you for a waiver:

• Deporting the conditional resident would result in extreme hardship.
• The marriage began in good faith but ended in annulment or divorce.
• The marriage was legitimate, but the sponsoring spouse died.
• The marriage was legitimate, but the conditional resident left due to abuse by the sponsoring spouse.

It's vital to provide sufficient evidence and documentation to support your request for a waiver and demonstrate that you entered the marriage in good faith. Seeking guidance from an immigration attorney at SimVisa can be highly beneficial, especially in cases involving divorce or hardship situations.

How to Apply for Removal of Conditional Status

Applying to remove the conditions from your green card involves completing and submitting Form I-751, Petition to Remove Conditions on Residence, to U.S. Citizenship and Immigration Services (USCIS).

Here's a quick guide:

• Get Your Timing Right: File Form I-751 within the 90-day window before your conditional green card expires, as applying earlier or later can have adverse consequences.
• Gather the Necessary Documentation: Compile evidence of your bona fide marriage since obtaining the conditional green card, including joint financial records, shared bills, photographs, and other articles.
• Complete Form I-751: Thoroughly fill out Form I-751, providing accurate information about you and your spouse.
• Provide Supporting Evidence: Alongside Form I-751, you'll need to submit compelling evidence showcasing the authenticity of your marriage; this may include joint financial documents, tax returns, lease agreements, and affidavits from witnesses.
• Pay the Filing Fee: Include the required filing fee with your application (check the latest fee details on the USCIS website).
• Submit Your Application: Mail your completed Form I-751, supporting evidence, and filing fee to the USCIS address provided.
• Attend a Biometrics Appointment: Following your submission, USCIS will schedule a biometrics appointment for you and your spouse.
• Prepare for a Potential Interview: USCIS may request an interview to delve deeper into the authenticity of your relationship.
• Receive an Extension of Your Conditional Green Card (If Necessary): If your conditional green card expires while your application is pending, the USCIS receipt notice will extend your status.
• Await a Decision from USCIS: USCIS officials will review your application and accompanying documents and issue a decision notice indicating approval or requesting additional evidence.

Getting all of these steps right can be challenging. Fortunately, our experienced immigration attorneys guide clients through the process of submitting Form I-751. They'll make sure your application is comprehensive and accurately represents the nature of your relationship.

Examples of Documents Supporting a Bona-Fide Marriage

As part of the review process, USCIS will seek to determine whether your marriage is bona fide, or legitimate.

Here are some of the factors they'll consider:

• Deeds to jointly owned property;
• A lease showing joint tenancy of a home;
• Financial records of joint assets;
• Birth certificates of children born during the marriage;
• Joint tax returns;
• Medical bills with the names of both spouses;
• Vehicle registrations with both spouses’ names on them.

These are just some of the documents that can help prove a legitimate marriage. If you need help finding the right kinds of proof, consult with an experienced I-751 lawyer at SimVisa.

How We Can Help with Removing Conditions

At SimVisa, we understand the significance of removing the conditions from your green card. To that end, we offer the following benefits:

• Reliable Legal Guidance: Our attorneys have many years of experience in immigration law, including areas like removal of conditions.
• Personalized Approach: Recognizing that each case is unique, we'll tailor our strategies to your specific situation to maximize the strength of your application.
• Comprehensive Documentation Assistance: We'll help you compile a forceful package of evidence to substantiate your bona fide marriage, including joint financial records, affidavits, and photographs.
• Form I-751 Preparation: From accurately completing Form I-751 to gathering supporting documentation, we'll verify that your application is complete and error-free.
• Intermediary Communication: We'll handle all correspondence with USCIS on your behalf, responding to any inquiries or requests for evidence that may arise.

Our dedicated team of Chicago immigration lawyers is here to guide you through the process with skill and care.