Lawyer for Conditional Residence
Kannan Law will help you finalize your Conditional Residency status
If at the time your previous visa or adjustment of status application was approved, you and your United States citizen spouse were married for a period of two years or less, you likely have been issued a 2-year Green Card through which the United States Citizenship and Immigration Services (USCIS) grants Conditional Permanent Residence.
This measure exists due to USCIS’ continued concern that migrants are resorting to marrying US citizens to obtain permanent residency. In the event that said marriage is found to be fraudulent, immigration agencies believe that the couple will separate as soon as the Green Card is granted.
To determine the validity of bonds that are less than two years old, USCIS requires the couple to prove that they are still married and that the marriage is genuine upon the expiration of the two-year Green Card.
To dissolve this status and thus lead a normal married life within the United States, lawyers at Kannan Law will use their knowledge of immigration laws and apply the corresponding measures to reverse this temporary status.
The word “conditional” refers to the fact that the permanent residence granted is conditional on being married to a citizen of the United States or a permanent resident.
Three months before expiration, the law requires you to apply to remove conditions on your residence (Form I-751). This allows you to become a regular Green Card holder. It is worth mentioning that to carry out the procedure in question, the following documents must be presented:
- Joint tax returns
- Joint bank statements
- Leases
- Letters of support verifying the validity of the marriage
- Photos of the couple
- Any other evidence showing that the marriage was initially entered into in good faith
Is it necessary to undergo an interview to achieve permanent residency?
U.S. Citizenship and Immigration Services may require you and your spouse to interview with an immigration officer before approving your application to have conditions removed from your permanent residence. These interviews are the main reason you should have legal representation, as they are fraught with potential dangers.
If everything works according to plan and your application is approved, you will receive a ten-year Green Card, which will be without conditions. However, in the opposite case, that is, your application is denied, there is a high risk that you could be taken to immigration court and ultimately deported from the United States.
The risks of the process make it imperative to retain the services of an experienced immigration attorney before submitting your application. Call us at Kannan Law immigration attorneys to begin speaking with an experienced immigration attorney about your I-751 Green Card application.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.
Trustindex verifies that the original source of the review is Google.Frequently Asked Questions
When can a joint filing requirement be waived?
The joint filing requirement may be waived under the following conditions:
- The spouse, who is a citizen of the United States, has died.
- The couple divorced, even though the marriage was entered into in good faith (Note: USCIS will request proof of the final divorce judgment, not just the petition).
- The conditional resident spouse was subjected to abuse or extreme cruelty by the US citizen spouse even though the marriage was in good standing.
- Whether termination of the conditional resident’s status and deportation from the United States would result in them suffering extreme hardship.
In order for a request to be granted an exemption from the joint application requirement, the conditional resident spouse must be able to demonstrate that the marriage was entered into in good faith and not for the sole purpose of obtaining permanent residence. It is also necessary to show that they have filed the I-751 form in a timely manner.
Can you work while this application is pending?
A person who is granted permanent residence in the United States can live and work in the country. If you file your I-751 Petition for Removal of Conditions on Permanent Residence on time, your conditional resident status is automatically extended, allowing you to continue working even while your application is still pending.
Does this procedure also apply to children?
Children may be included in the I-751 Petition to Remove Conditions on Permanent Residence, provided they were granted conditional permanent residence on the same day as the primary beneficiary or within 90 days of approval.
However, if minors had their application for conditional residence approved more than 90 days after the granting of their conditional Green Card, then they are required to file their own I-751 application for the removal of the conditions on their permanent residence.
Tracking/Checking Form I-751 Online
You can check and track the status of an I-751 application online. This is done using the USCIS case status tool. You need to know that there is a trick to track the status of your I-751 application. For some reason, USCIS assigns two case numbers to each application. The first appears on the receipt notice, and the other on the ASC fingerprint notice.
To check the status of your I-751 application, you must enter the case number on the fingerprint notice. If you try using the case number on the receipt notice, the online tool will not be able to give you any results.
Can Form I-751 applications be expedited?
USCIS generally does not grant requests to expedite the processing of Forms I-751. It only agrees to expedite some cases that fall within a limited set of guidelines. What this means is that any action to expedite an I-751 application is likely to be fruitless. However, if you wish to continue, please do not hesitate to contact the USCIS National Customer Service Center. You can also contact your local office to request an INFOPASS. In certain cases, if you have met the specific requirements and are still married to your spouse, you can simply file your citizenship application (N-400). This type of procedure can even be done when the I-751 application is still pending.
In the event that your I-751 application is greatly delayed, a written demand for mandamus also becomes an option.
The importance of speaking with an experienced immigration attorney before submitting your application cannot be stressed enough. This ensures that everything you are filing is in the correct order and that you have enough supporting documents.
To fix or remove conditional residence, it is necessary to hire a lawyer specializing in immigration. This professional will be able to advise you in-depth on this procedure so that the chances of obtaining positive results can increase. They will also update you if there are any changes to US law when filing the I-751 application. Therefore, we recommend that you contact us today with any inquiries regarding any immigration-related issues.