Articles Posted in I-751 Removal of Conditions

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In order to alleviate the workload received by the Vermont Service Center, USCIS recently announced that some cases normally processed at the Vermont Service Center will be transferred to the California Service Center. Cases that may be affected include I-130 petitions for alien relatives and I-751 petitions to remove the conditions on permanent residence.

For cases that are transferred to the CSC, USCIS will issue applicants a receipt notice confirming the transfer of their application. The transfer notice will include the date of transfer and the new location where the application will be processed. The receipt number identifying your application will remain unchanged. There may be a slight delay in the processing time for cases that are transferred to a new location.

CIS has clarified that the filing location for I-130 and I-751 applications will remain the same and applicants should continue to follow the form instructions before filing their applications with CIS.

Applicants can check the status of their applications by navigating to the CIS website and entering their receipt number in the Case Status Online system. Applicants are also encouraged to continue to check the processing times published on the CIS website for the California Service Center or by calling the National Customer Service Center at 1-800-375-5283. If your application is outside of the normal processing time you should submit an e-Request inquiry on the CIS website or by calling the NCSC. When submitting the e-Request by telephone you must have your receipt number on hand and notify the customer service representative that your application has been transferred to a new location.

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You have Questions, We have your Answers. Here are answers to 6 of our Frequently Asked Questions

In this blog we are answering 6 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I have my green card and I can file for citizenship in the near future but my marriage is not working and I am trying to figure out my options.

A: The first question our office would have for you is whether you have a conditional 2 year green card or a 10 year green card? If you have a conditional 2 year green card you must apply for the I-751 removal of conditions application in order to receive the 10 year green card. It is possible to file the I-751 application for removal of conditions, even if you are now separated and in the process of dissolving the marriage or if you are legally divorced. This is called seeking a waiver of the joint filing requirement for the I-751 removal of conditions application or what is typically referred to as the I-751 waiver. In order to do so, you will need to indicate on the I-751 Removal of Conditions Application that you are seeking a waiver of the joint filing requirement. To file for an I-751 Waiver you must be presently separated and in the process of dissolving your marriage or already be legally divorced. Filing for a waiver of the I-751 is very detail-oriented and a very time consuming process, given that the applicant needs to prepare a detailed personal statement providing a detailed timeline of the relationship from beginning to end, as well as detailed information regarding why the marriage broke down and the applicant’s plans for the future. In addition, the applicant must be prepared to provide documented evidence that the marriage was entered into in good faith and the relationship and marriage was bona fide. You should definitely seek the help of an accredited legal representative to assist you in order for your application to be successful.

If you already have the 10 year green card, you cannot apply for citizenship until at least 5 years have passed from the date of becoming a permanent resident. If you have any arrests or other criminal history you must consult with an attorney or accredited legal representative. We would be happy to assist.

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Bill was a world renowned and very accomplished sculptor and 3d artist in his country. In 2009, Bill decided to make his first visit to the United States. It was here, in the land of opportunity, that he was able to develop his craft further and had the unique opportunity to study animation, the marketing of sculptural art, and technologies in film production. Having already been working for a famous television station in his country, it was only fitting for him to expand his studies in these fields. As a professional artist with extraordinary skills, our client was eligible to file an O-1 visa and could very well obtain his permanent residency through this avenue. After seeking legal advice, Bill decided to go forward with the process of applying for an I-129 Petition for an alien with extraordinary abilities in the arts. While his application was pending, Bill decided to visit his aunt and cousins in Los Angeles. It was through his cousin that Bill would meet his future wife, Elizabeth. After various phone calls and emails, the two decided to meet, and it was indeed love at first sight for the pair. The couple found that they shared similar interests, had a similar background, traditions, and customs.

During the following months, the couple went on frequent outings together as well as with their family members. All seemed perfect. Bill was ready to pop the question and did so in a magical way in Laguna Beach, California. Elizabeth’s parents were not only supportive of Bill’s professional work; they welcomed him into their family as a son, and allowed him to live with Elizabeth in their home during their marriage. A few months after marrying, Elizabeth and Bill decided to file for Bill’s Adjustment of Status. Elizabeth was very enthusiastic about petitioning for Bill because she felt the process would be much quicker than that of the I-129 petition that was pending. Bill completely put his trust in Elizabeth and allowed her to take the reins on his adjustment of status application.

During their marriage, Bill began to see that his wife was not the person he believed her to be. She refused to work and would spend her days chatting with friends and playing computer games until the morning hours. He also began to realize that she had no regard for his financial situation and would spend the money he earned from his family and from freelancing, on luxurious items that were unnecessary expenses. A few months later, Bill heard that his father had been diagnosed with cancer and was fighting for his life. About this time, Bill was fortunate enough to have received his permanent resident card, so he was able to travel internationally without preoccupation. Devastated, Bill traveled to his country alone to support his inconsolable mother and help his family financially. Elizabeth had chosen to stay behind with her family. While he was back in his country dealing with the stress surrounding the terminal nature of his father’s condition, Bill began to receive unrealistic and threatening demands from Elizabeth.

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What is the purpose of filing an I-751 Petition for Removal of Conditions?

If you were granted conditional residence based on your marriage to a U.S. Citizen or legal permanent resident, you must file the I-751 Petition to Remove Conditions on your Permanent Resident Card. This form allows the conditional resident to request USCIS to remove the conditions on their residence. For conditional residents who are still married, the petition must be filed jointly with your spouse through with you gained your conditional residence.

But what happens when the marriage ends in divorce, annulment, or other factors?

The conditional resident can request for waiver of the joint filing requirement IF any of the following applies:

  1. You entered the marriage in good faith but your spouse died
  2. You entered the marriage in good faith, but the marriage was later terminated through divorce or annulment
  3. You entered the marriage in good faith, but were battered or the victim of ‘extreme cruelty’ by the spouse with whom you gained conditional residence
  4. Your conditional resident parent entered the marriage in good faith, but you have been battered or the victim of ‘extreme cruelty’ by your parent’s U.S. Citizen or permanent resident spouse or by your conditional resident parent or
  5. The termination of your conditional resident status and removal would result in extreme hardship 

For the purposes of this segment, we will focus on what must be proven when a conditional resident’s marriage ends in divorce or annulment.

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