Acquiring a green card based on your marriage to a permanent resident or United States citizen is generally conditional and valid for two years. The condition ensures that the marriage is entered into in good faith; it is a preventive strategy against fraudulent marriages for immigration purposes. When the two-year timeframe expires, the permanent residency expires if you fail to file Form I-751 timely. Filing Form I-751 with the United States Citizenship and Immigration Services removes conditions on the residency. Since removing the conditions from the residency is intricate and requires a comprehensive understanding of the law, you need legal assistance to increase your chances of obtaining the most favorable case outcome.
An Overview of the I-751 Petition and Who Can File it
A conditional resident who acquired a green card on a conditional basis uses Form I-751 to lift the conditions and become a permanent resident.
A conditional resident is an immigrant for whom the USCIS grants permanent residence status when the eligible marriage is less than two years old when the immigration authority admits them.
The conditional status is tailored to prevent marriage fraud, where people deceitfully marry a United States citizen to obtain permanent residency.
Minor dependents who became conditional residents relative to their foreign national parent or ninety days later can also utilize Form I-751 to lift their immigration conditions.
A dependent minor who became a conditional resident via their conditional resident guardian, who is now deceased, should bring their petition alone.
Should You File with a Spouse?
Those still married should file the petition with their spouse.
However, you can file the petition without your spouse if any of the following apply:
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You married in good faith, and then your spouse died
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You entered the union genuinely, but your petitioning partner subjected you to severe cruelty, including battery
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You entered the union genuinely, but you terminated your marriage by dissolution of marriage or annulment
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Losing your status and being removed from the U.S. could cause extreme hardship
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Your conditional resident guardian or parent entered their marriage in good faith, but one of your parents subjected you to battery or extreme cruelty
When Should You File Your I-751 Petition?
When filing jointly with your spouse, you should do so within 90 days before your conditional residence expires.
When bringing your petition without your spouse, you should file it as soon as you become eligible and before USCIS initiates removal proceedings from the U.S.
What to Expect If You Fail to File Your Petition on Time
If you fail to bring your petition, you will lose your permanent resident status two (2) years after you obtained conditional residency. The immigration authority will then deport or remove you from the U.S.
Nevertheless, if you did not file your petition because of factors out of your hands and the delay period was logical, you could bring your petition late alongside an explanation requesting the USCIS to excuse your late filing.
Documentation to Include in Your Application
You should submit to the USCIS documents that include the following:
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One copy of a permanent residency card or green card (if you are abroad, you can submit two (2) passport-sized photographs instead).
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Evidence of a good-faith union or marriage
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Criminal record, if any
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Proof of divorce, extreme hardship, or death
Permanent Resident Card or Green Card
If you and your dependent children are applying, you will provide copies of the back and front sides of your cards.
Nevertheless, you have varying requirements if you live abroad due to government or military orders and your dependents also live abroad.
An overseas noncitizen should submit two passport-like photographs for all petitioners and dependents, irrespective of age. The photographs should:
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Be colored with an off-white or white background
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Be unmounted and non-retouched
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Be printed on slim paper
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Have a good front view that captures the full face
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Have the applicant’s name and A-Number (if available) written on the back with a pencil or pen.
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Be of the applicant with a bare head unless they wear headgear for religious purposes.
Additionally, overseas immigrants and their dependents aged between fourteen and 79 should submit two Form FD-258 standard fingerprint cards and their Alien registration numbers. The USCIS, a United States military installation, or a United States embassy or consulate should prepare your fingerprint cards.
Proving Good Faith Marriage
As an I-751 applicant, you should add copies of documentation proving that your marriage, by which you obtained your conditional residency, was genuinely entered and not to circumvent immigration regulations.
Relevant documentation that enables the USCIS to ascertain this includes the following:
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Birth certificate of any child born to your marriage, if applicable
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Rental agreements demonstrating joint occupancy or home ownership
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Financial documents indicating joint possession of properties and obligations for any liabilities.
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Affidavits sworn or affirmed by two individuals with the full knowledge of the couple since they became conditional residents and personally know of the relationship and marriage.
Each affidavit must contain personal details about the individual signing it, which include the following:
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Date and region of birth
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Their full name and address
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Further information demonstrating how the individual acquired their knowledge
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Relationship to the applicant and their spouse
The financial documents can include the following:
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Complete joint state and federal tax returns
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Joint checking and savings accounts with your transaction history
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Joint installment or loans of other nature
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Joint utility bills
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Any insurance policy that has your spouse as a beneficiary
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Copies of your military leave and income statements
Proof of Death, Extreme Hardship, Abuse, or Divorce
If you are filing your petition alone, your petition should also include, if applicable:
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A death certificate copy
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A final divorce decree or other official documentation showing the annulment or termination of your marriage
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Proof of abuse
You can prove abuse using the following:
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Official records from the police, court, medical professionals, clergy, school officials, or social workers
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Copies of a protective order
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Proof showing abuse, like medical records or photographs
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Proof, like affidavits or pictures, demonstrating that you sought safe shelter in a refuge for abuse victims
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A copy of your divorce decree, if your marriage ended due to extreme cruelty or physical abuse or annulment papers, if applicable
Suppose you are seeking a joint filing requirement waiver because of extreme hardship. In that case, you should submit proof that removal could lead to hardship substantially more than the difficulty experienced by other aliens deported from the U.S. following a prolonged stay.
All proof of your filing eligibility should include only factors that occurred during the stipulated two-year duration under which the USCIS granted you conditional residency.
Criminal Record, If Any
The I-751 petition should contain a complete account of all crimes.
If you were arrested by the police under any grounds, whether in the U.S. or another nation, but charges were not filed, you should provide the following:
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The arresting authority’s official statement showing that it did not press any charges
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An order of the court demonstrating that charges were not filed
You should not submit paperwork of traffic incidents and fines that never led to an arrest if:
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The traffic occurrence was not controlled substance- or alcohol-related
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The penalty was points on your driver's license or a fine below $500
However, suppose police have previously arrested you under any grounds, whether in the United States or elsewhere, and the prosecutor filed charges against you. In that case, you should present the original copy of your disposition, arrest, or court record for all those incidents.
If you have been previously convicted or served probation or enrolled in a rehabilitative program, like community service or drug treatment, you should submit the following:
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A certified copy of your probation record
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A certified copy of your sentencing for each count and evidence showing you completed your sentence.
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Proof that you completed the alternative sentencing as required
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A court order’s original copy sealing, vacating, expunging, setting aside, or removing your conviction or arrest.
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If you have no criminal record, you must provide the original report from the relevant court showing that you have a previous conviction or arrest record.
Where To File Your I-751 Petition
File your petition at the USCIS service center or lockbox facility listed for your state of residence on the USCIS website.
Completing Your Form I-751
You should print out Form I-751. You can either print out your form and fill it out with black ink or type your answers and then print out your completed form.
After completing the form, you should mail it to the government. The address you will use will depend on your state.
Here are the details needed to complete every section of your form:
Details about You
The section inquires about personal information like your name and marital status. Other questions can include the following:
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A-Number (Alien Registration number) —You can identify your A-Number on the green card, marked “USCIS#.” Additionally, you can find it in your previous correspondence with the immigration authority.
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USCIS online account number — It differs from the A-Number. You only have an account number if you have previously used the U.S. Citizenship and Immigration Services online services. To find it, log in to your account on the profile page.
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Physical and mailing address — If another person receives your mail, remember to add their name on line 15a.
Biographic Details
In this section, you will provide information about yourself, including ethnicity, weight, height, and eye color.
Basis for Your Petition
When filing the petition jointly with a parent or spouse, check the correct box in “Joint Filing.”
However, if your situation prevents you from bringing it with your partner, check the appropriate box to outline why.
Details about Your Children and Spouse
In section 4, you will submit details about your sponsoring spouse through whom you acquired your conditional residency.
In section 5, you should repeat the process for your children. If you are without children, skip to the next section.
Accommodation for Persons Living with Disabilities
In this part, you notify the USCIS of any impairment you live with that would need accommodation by the U.S. immigration authorities.
Spouse and Applicant Signatures and Acknowledgements
Parts 7 and 8 entail you and your partner verifying that the details provided in your application are accurate.
The petitioner is the conditional green card holder and must fill out Part 7, date, and sign the application form. Your sponsoring guardian, parent, or spouse should complete and sign Part 8.
Preparer and Interpreter Details
If anyone, including a lawyer or interpreter, assisted you in completing your form, they should provide their information in these parts.
Interview and Processing Time
Processing duration depends on various factors, including the USCIS location processing your petition, the number of documents submitted, and whether there are challenges surrounding the application. If the processing time runs longer than expected, contact USCIS to check your application's status. An experienced immigration attorney can help you.
Sometimes, a USCIS interview can shorten or extend your processing time. The interview aims to prove the information you provided in your application or any other details requiring clarification. The USCIS might also require you to submit your biometric records in person and pay a fee of $85.
If the USCIS requires you to attend an interview to complete the I-751 application processing, it will notify you. In this case, ensure you carry all original copies of your supporting documentation submitted alongside your Form I-751. Arrive for the appointment early and be ready to answer queries about your:
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Immigration history
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Marriage
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Criminal history
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Family background
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Work history
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Financial background
Steps to Take After the USCIS Denies Your Petition
The consequences of your I-751 denial are profound and immediate, including deportation proceedings. Here are the steps to take if the USCIS has denied your form:
Know Why the USCIS Denied Your Petition
The initial step should be understanding why the USCIS denied your petition. The USCIS will offer a decision highlighting the reason. Some of the common causes of denial include the following:
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Criminal history
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Being in United States illegally during your application process
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Insufficient evidence
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Failing to attend your interview
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Fraudulent conduct
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Incomplete forms
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Failing to abide by instructions
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Failing to offer translation
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Failing to file your petition on time
Develop a Strategy with Your Immigration Attorney
The USCIS decision should form the basis for your subsequent actions since it outlines what you should address.
Your immigration lawyer should carefully analyze it to offer a deep understanding of the grounds for denial and analyze whether you made any mistakes. Additionally, they will analyze your original petition's strength and recommend what steps to take next. Depending on the case circumstance, it can be preparing to attend the immigration court, refiling your petition, or filing a motion to reconsider.
Gather Further Evidence
You should collect more proof to support the case after you know why the USCIS denied your petition.
It can include supplementary or new evidence you had not submitted alongside your original form. For instance, if your denial was because of the absence of proof verifying your marriage, you can gather documents proving your marriage's legitimacy, including affidavits from loved ones, photographs, and joint bank accounts.
Also, ensure your evidence is organized (well-labeled and presented logically). The organization will assist you in presenting your immigration issue more distinctly, whether you are refiling your petition or appealing your denial before a judge.
Bring Your Motion to Reconsider or Reopen
If you think there was a mistake in your petition denial, you can bring a motion to reconsider or reopen with the immigration authority. A motion to reconsider involves demonstrating that the USCIS wrongly applied the policy or law to your immigration case, while reopening entails presenting new facts that you had not provided.
You should file the motions within 30 days of your denial date.
When preparing your motions, your lawyer should describe why they think the denial was unjustified and expound on how your new legal arguments or evidence correct the issues the USCIS identified.
Prepare for Your Removal Proceeding
If the USCIS denies your petition and initiates removal proceedings, it will notify you to attend court, where you will present your immigration case before a judge.
Ensure you prepare for the court hearing. It can entail gathering and presenting proof supporting your qualifications to remove your conditional residency. You can also carry witnesses.
You can present proof previously submitted in your petition during your hearing and introduce new supporting documentation. The judge will analyze your case without regard to the USCIS decision.
Appealing the Judge’s Decision
If the judge denies the immigration case, you can appeal their verdict to the Board of Immigration Appeals within 30 days of the decision.
Appealing entails filing Form EOIR-26 and a brief with the factual and legal arguments for why you think the judge was wrong. The brief can address mistakes in the judge's analysis of the proof and use of laws.
Find a Qualified Immigration Lawyer Near Me
As a conditional permanent resident, removing conditions on your residency is a key step towards securing U.S. permanent residency. The process requires proving your marriage is genuine and not for fraudulent immigration reasons. Knowing the requirements, procedure, and potential issues can help you file a petition that removes conditions on your residency. Legal assistance, proper documentation, and timing can help avoid common pitfalls.
Los Angeles Divorce Lawyer can offer the support and guidance you require throughout this complicated process. From collecting evidence to addressing denials to guiding you through your interview, we can assist you. Please contact us at 310-695-5212 to schedule your free initial consultation.
