Chicago Removal of Conditions Lawyer

Helping You Finalize Your Green Card Status

A conditional green card is a temporary version of the standard green card, formally known as a permanent resident card.

The U.S. government grants conditional green cards to spouses of citizens or lawful permanent residents whose marriages are less than two years old at the time of approval. This conditional status is meant to ensure the authenticity of the marital relationship.

Why Are Conditional Green Cards Issued?

Conditional green cards are given out as a safeguard against fraudulent marriages entered into solely to secure immigration benefits.

This requirement helps authorities distinguish between genuine marriages and those formed to evade immigration laws. It's a way to protect the integrity of the immigration system and uphold the sanctity of lawful marriages.

Why Is It Necessary 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.

Understanding the significance of green card conditions and their removal underscores the importance of proper documentation, adherence to immigration regulations, and sound legal guidance.

The Chicago 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.

Get Assistance Removing Green Card Conditions

Trust our Chicago immigration attorneys to remove your green card conditions, paving the way to enduring residency.

Eligibility Criteria: A Path to Permanence

To have conditions removed from your green card, you must meet specific eligibility criteria. 

These include:

• Marriage duration: You should still be married to the same U.S. citizen or permanent resident spouse who sponsored your initial conditional green card;
• Joint financial responsibilities: Demonstrating shared financial responsibilities is crucial — joint bank accounts, co-signed loans, or joint lease agreements can showcase your financial interdependence;
• Authenticity of relationship: Evidence of a genuine marital relationship is essential and can be established through joint tax returns, shared household bills, photographs, and affidavits from friends and family;
• Adherence to the law: It's important to adhere to U.S. laws and exhibit good moral character throughout your conditional residency;
• Timely application: You must apply to remove conditions within 90 days before your conditional green card's expiration to maintain your lawful status.

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:

1. 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;
2. 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;
3. Complete Form I-751: Thoroughly fill out Form I-751, providing accurate information about you and your spouse;
4. 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;
5. Pay the filing fee: Include the required filing fee with your application (check the latest fee details on the USCIS website);
6. Submit your application: Mail your completed Form I-751, supporting evidence, and filing fee to the USCIS address provided;
7. Attend a biometrics appointment: Following your submission, USCIS will schedule a biometrics appointment for you and your spouse;
8. Prepare for a potential interview: USCIS may request an interview to delve deeper into the authenticity of your relationship;
9. 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;
10. 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 specialize in guiding 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.

When a Waiver of Joint Petition Is Needed

If a conditional resident is unable to file a joint Form I-751 with their spouse, they may request the common filing requirement be waived if one of the following conditions applies:

• Deporting the conditional resident would result in extreme hardship;
• The marriage began in good faith but ended in an annulment or divorce — evidence of the marital relationship and the divorce or annulment decree must be presented;
• The marriage was legitimate, but the spouse died — a death certificate is required;
• The marriage was legitimate, but the conditional resident left due to abuse by the sponsoring spouse — evidence of abuse, such as police reports, is required.

How SimVisa Can Help You Craft a Strong Case

Advancing through the process of removing conditions on a green card demands meticulous attention to detail. Our skilled immigration lawyers excel at interpreting the intricacies of laws governing residency status changes and helping clients navigate potential obstacles, ensuring nothing gets overlooked.

The advantages of our veteran immigration services include:

• In-depth knowledge: Our lawyers bring to the table a broad and deep understanding of immigration law and its many nuances;
• Tailored strategies: We formulate strategies to suit our client's unique situations and help them put together robust, compelling applications;
• Credible affidavits: We can guide you in securing compelling affidavits, fortifying the credibility of your relationship.

In instances where USCIS seeks more information via a formal Request for Evidence (RFE), an immigration lawyer can aid you by ensuring prompt and precise responses to their queries. We can add supplementary evidence to reinforce your case's authenticity if needed.

You can count on SimVisa's support in overcoming challenges of all kinds. We'll safeguard your rights and find a viable legal path forward in the face of possible setbacks like divorce or abusive relationships.