Petition to Remove Conditions on Residence
If USCIS approves a green card application for a marital relationship that is in existence for less than two (2) years on the date of approval, USCIS will grant “conditional” resident status that is valid for two (2) years. The purpose is to allow USCIS the opportunity for a secondary review.
Form I-751, Petition to Remove Conditions on Residence, allows a “conditional” resident to become a lawful permanent resident with a green card that is valid for ten (10) years.
When do I file a Petition to Remove Conditions on Residence?
If you are still married to your spouse, you must file the Form I-751 within the ninety (90) days immediately preceding the expiration of the card. A failure to file the petition within this ninety (90) day period will result in the denial of your application, unless “good cause” is shown.
What if I am no longer married to my spouse that previously filed for my green card?
You may still file a Form I-751 at any time before or after the expiration of your conditional residence status. In order to properly file, you must request a waiver of the joint filing requirement through your application with proof as to the legal termination of your marriage.
It is a difficult process to complete because the legal burden rests on you alone as the applicant. Our firm will work with you to submit an application package that best illustrates the validity of your marital relationship for the time period it existed.
What is the process with USCIS like towards the submission of my Form I-751?
Upon submission, your application will be reviewed by a USCIS service center to determine whether it is approvable without another interview at a USCIS field office.
If USCIS considers the evidence to be insufficient, USCIS will schedule an interview before a local USCIS field. We will work with you closely to give you the best chances possible of having your petition approved by the service center.
Often, applicants simply do not have the type of evidence necessary to meet the requirements of a service center approval. If an interview is necessary, our attorneys will prepare you for the interview process to ensure that you are familiar with the expectations of USCIS during that interview.
What if USCIS denies my application?
The case will be referred to an Immigration Judge and the applicant will be placed into removal proceedings.