A conditional green card, valid for two years, is given once married to a US citizen or permanent resident. An application for the removal of conditions (Form I-751) must be submitted before the card expires. If Form I-751 is submitted after the conditional green card expires, additional requirements are needed to obtain a permanent green card.
What is the cost of petitioning to remove the conditions of residence?
The filing fee of $595 and an $85 biometric fee are required and paid to USCIS for the processing of Form I-751 unless you are eligible for a fee waiver. Attorney fees are separate and can range from $1000 to $2000. The determining factors for attorney fees are (1). Joint or waiver application, and (2). Prior denial or complex issues.
What is the processing time for Form I-751?
At the time of publishing this article, it can take 17.5 to 35 months to process the I-751 after filing Form I-751. The processing time is subject to change. A significant factor that may influence the processing time is the evidence and supporting documentation included in your initial filing. If you haven’t submitted firm evidence of your bona fide marriage, USCIS will request additional information.
Does I-751 require an interview?
Conditional permanent residents (CPRs) who file a Form I-751 must appear for an interview at a USCIS field office unless USCIS waives the interview requirement. USCIS officers may consider waiving the interview in cases where there is no indication of fraud or misrepresentation, there is no complex issue, and there is sufficient evidence in the record evidencing a bona fide marriage with no criminal bars. Therefore, in practice, many, if not most of these interviews are "waived."
What do I need to bring to my I-751 interview?
There are 4 reasons why USCIS would require an interview:
- To evaluate whether the marriage is or was bona fide;
- Potential inadmissibility, such as a criminal record or undisclosed issue;
- Other eligibility grounds (such as the nature of the abuse, if submitting an abused spouse waiver); or
- An interview may also be scheduled at random.
USCIS will include in the notice the required documents to bring to your interview. You must bring identification documents such as a copy of your marriage license, green card, driver's license, and or passport. Other required evidentiary documents you may need to bring are determined by the reason for the interview. For example, you should bring copies of bank statements showing joint savings accounts and/or checking accounts, declarations by close friends or family members with knowledge of your bona fide marriage, a copy of joint car or home insurance, and a copy of birth certificates of children of the marriage, among other evidence, for a bona fide marriage interview.
What if my marriage has ended?
When a person must remove the conditions after a marriage has ended, the process can be more complex. It is necessary to prove that the marriage was entered into in good faith and not to obtain a green card. Evidence such as joint bank accounts, shared property, and photos of the former spouses together can be provided.
Can you travel while I-751 is pending?
Yes, while USCIS is processing the joint petition or waiver, you can travel abroad even if the conditional resident card has expired.
On Jan. 25, 2023, for Form I-751. USCIS made the change to accommodate increased processing times. USCIS has updated the language on Form I-751 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751. The receipt serves as proof of your continued lawful status in the United States. You must take notice of your receipt expiration date. You will not be able to enter the US with an expired I-751 receipt.
How do I know if my I-751 is approved?
If USCIS approves your petition, you will be notified in writing followed by the 10-year green card mailed to you. If your petition is denied, USCIS will mail you a notice explaining the reasons for the denial.
Why would I 751 be denied?
The most obvious reason that USCIS may deny an I-751 is marriage fraud. If USCIS believes that you have a sham marriage for circumventing immigration laws, USCIS will deny the petition and refer your case to an immigration judge
In conclusion, removing conditions from a green card can be a time-consuming and expensive process, but it is necessary in some cases. Whether still married or divorced, it is essential to consult an experienced immigration lawyer to navigate the process successfully.
Disclaimer: This information is intended for general knowledge and informational purposes only, and does not constitute legal advice. It's essential to consult with an attorney for personalized guidance on your specific situation.
Comments
Post a Comment