How can you remove conditions on your US residence? Petition I751
How can you remove conditions on your US residence? Petition I751
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What is petition I751? According to the USCIS, “This petition is used by a conditional resident who obtained status through marriage, to request that US Citizenship and Immigration Services (USCIS) remove the conditions on his or her residence.”
These conditions are imposed if an immigrant marries a US citizen and has been married for less than two years when they request US residence.
It exists to prevent a fraudulent marriage. The conditions can be removed 90 days before the residence expires by filing form I751, Petition to Remove Conditions on Residence.
However, certain circumstances apply. For instance, if the couple is still together 90 days before filing I751, they can petition jointly for a Green Card and sign that the marriage was not fraudulent and still together.
Evidence of an honest marriage that joined two people in love and that they are still working on it to grow should be added to this petition. Evidence can be bills where both their names are shown; pictures with dates on different places, explaining what they were doing; bank papers; etc.
What happens if the couple separate before filing for a Green Card?
It could happen that things didn’t go well for the couple, and they split up. Even if the marriage was out of love, it could not work out in the long run. Immigration will request in this case for divorce proof. However, they will ask for the final divorce decision since the petition alone will not be enough.
Another case is if the person requesting the Green Card was the victim of abuse at the petitioner’s hands. If this occurs, they do not have to petition together. Still, the victim will have to give evidence of police reports, hospital records, psychological evaluations, and anything else that can prove that they were victims of cruelty and abuse.
Finally, you can also prove that if the petition for the Green Card is denied, the applicant will suffer extreme difficulties if s/he returns to his/her country of origin. It could be related to health, work, or economic reasons.
Can you file 90 days before the expiration date?
If you file I-751 90 days before the expiration date begins, the application could be rejected.
In the case that the 90 days have passed, you can still file, but you will have to prove “extraordinary circumstances” relating to the delay of your filing. There is also a risk that immigration could send you a letter canceling your conditional residence and begin removal proceedings.
Nonetheless, it could be that you had a personal emergency related to your health, work, or a relative, which prevented you from filing in time. However, if immigration believes that the reasons are not valid, they will begin removal proceedings.
Finally, in the case of a crime, meaning that the applicant was involved in criminal issues, the offense will have to be evaluated and the resolution of the crime.
If you have any questions and need guidance for your immigration process, contact Kannan Law today, we are experienced immigration attorneys ready to help.