Removal Of Conditions Lawyer In Los Angeles
Form I-751, Petition to Remove Conditions on Residence, is used to remove the conditional status of a green card holder who obtained a green card through a marriage that was less than two years old at the time of obtaining the green card. The form must be filed within 90 days of the two-year anniversary of obtaining conditional permanent resident status if the green card holder is still married to the spouse through whom he or she obtained permanent residency.
Evidence of a bona fide marriage, such as joint finances and documentation, should be provided. You must file the I-751 form proving that the marriage took place in good faith and not only to acquire U.S. citizenship. If approved, this petition allows the person to receive his or her 10-year permanent residence card.
If the person is still married to the same person with whom he or she had gained conditional permanent residence then they must file the petition jointly. There are exceptions to filing the petition jointly, however, in which case a waiver of the joint filing may be requested.
Edith Nazarian is a professional immigration attorney who helps individuals gain lawful permanent residence in the United States. She practices in Los Angeles and can assist you in seeking to remove the conditions of your permanent residence.
Right Time to File the I-751 Petition
It is essential to file Form I-751 in a timely manner in order to avoid any complications, including the immediate loss of permanent resident status. However, the right time to file depends on the situation of the individual.
If the individual is filing jointly with their sponsoring spouse, then the form should be filed within 90 days before the expiration of the two-year conditional residency. In some situations, the U.S. government may make an exception and allow you to file the Form I-751 if you file it after your conditional green card has expired. To do so, you must explain to the U.S. government your reasons for not filing sooner. Generally, requests will be approved if there were extraordinary circumstances beyond the applicant’s control and the delay was reasonable. Therefore, it is important to provide detailed information about the circumstances that led to the delay in filing.
If the person is requesting that the joint filing requirement be waived, then he or she can file the petition at any time after being granted conditional resident status and before being removed from the United States. A professional immigration attorney can help you understand which situation and process works best for you in your application to remove conditions of permanent residence.
Documents to be Submitted with Form I-751
When submitting Form I-751, you will need to provide additional supporting documents to demonstrate the bona fide nature of your marriage. These may include the following:
- Proof of joint residency, such as a lease or utility bill in both your names
- Joint financial documents, such as bank statements or joint tax returns
- Proof of shared assets or liabilities, such as joint credit card statements or car loans
- Evidence of shared life, such as photos of you and your spouse together, travel itineraries, or birth certificates of children born during the marriage
- Affidavits from individuals who have knowledge of your relationship and can attest to its genuineness
- Reasons and proof of not applying the petition jointly, such as the death of your U.S. citizen spouse, divorce, evidence that you or your permanent resident child was battered or subjected to extreme cruelty by the U.S. citizen spouse, or evidence of extreme hardship if you are removed from the country
- If filing the petition late, explain the reason for doing so
- Original or court-certified documents regarding any arrests or criminal convictions against you after you became a green card holder
- If you are filing for an I-751 while overseas due to military or government service, you must include two passport-style photographs, completed Form FD-258 fingerprint cards, and a copy of your current military or government orders. Additionally, you must write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your I-751 form
- Government filing fee
The list of supporting documents is not exhaustive, and you may be asked to provide additional evidence. For this reason, you may wish to consider consulting an attorney to review your case and ensure that you are submitting what is required to remove the conditions on your permanent residence.
Get Legal Help With Your Conditional Permanent Residence Removal
If you are considering filing a Form I-751 Petition to Remove Conditions on Residence, it is important to seek legal help. An experienced immigration attorney can help you understand the process and provide guidance on how to properly complete and submit the form.
A removal of conditions attorney can also help you collect the necessary evidence to support your petition and prepare you for any interviews or hearings that may be required.
Additionally, a lawyer can provide advice on how to respond to requests for additional evidence or any other requests from the USCIS.
Los Angeles Removal Of Conditions Lawyers Helping You Through The Complicated Process Of Filing Form I-751
Obtaining legal assistance from a lawyer for conditional permanent residence removal can help increase your chances of success and make the process smoother and less stressful. Book your consultation at (818) 748-8808 by calling now or schedule a visit to our office to discuss how to best proceed with your case depending on your specific circumstances.