If you are an immigrant to the U.S. who acquired a conditional green card through marriage, you must have those conditions removed before the card expires if you wish to continue living here. Seeking removal of these conditions involves filing the I-751 petition. If you succeed in your petition, you will be granted a ten-year permanent residence status.
Understanding how the I-751 petition works, the filing steps and timelines involved, and the available challenges can assist you in avoiding unnecessary delays and increasing the chances of a successful outcome. This blog helps you better understand everything about this petition.
Understanding Removal of Conditions on Residence
Generally, you have the conditional permanent residence status (PRS) when you acquire your two-year green card through a marital union with a United States citizen or lawful permanent resident (LPR). The status remains valid for just two years. Before it expires, you should file Form I-751 to lift these conditions, demonstrating that you married your partner with good intentions and not just to acquire an immigration status or benefit. Petitioning to lift residence conditions enables you to acquire ten years of permanent residency.
If you do not petition to remove these conditions promptly, it can lead to your resident status being terminated and possible deportation proceedings. Partnering with a lawyer experienced in family and immigration laws can help safeguard your status.
The I-750 petition is also utilized to remove conditions for the dependent minors who received conditional PRS on the same date their non-citizen parent did or within ninety days thereafter. A dependent child or children who obtained their PRS later (or via a deceased conditional PRS parent) must file this petition separately.
You must bring your I-751 petition to the USCIS California Service Center or USCIS Vermont Service Center, based on where you live. You can access Form I-751 on the USCIS website to verify the correct address for your application.
How the I-751 Petition Works
If you are a conditional green card holder still in a marital union with the same U.S. citizen or LPR through whom you acquired the green card, you must file your petition with your partner. You may petition alone if the following is true:
- You entered the marital union with genuine intention, but your husband or wife caused you severe emotional cruelty, physical abuse, or extreme hardship.
- You entered the marital union with genuine intention, yet the union later ended through annulment or divorce.
- You entered the marital union with good intentions, but your spouse later died while still married.
- Your conditional PRS parent was married with genuine intention, yet either parent has subjected you to severe cruelty or has battered you.
- Termination of your immigration status and deportation from the country would lead you to face extreme hardship based on country, family, or personal conditions.
In the above cases, you first must seek an I-751 waiver of the joint filing condition. This will allow you to bring the I-751 petition alone without your spouse participating. However, remember, the burden of proof lies on you when seeking this waiver. You must provide irrefutable evidence for wanting to file alone. For example, if your marital union has already ended, you must provide compelling evidence that you entered the marriage with good intentions but could not continue with the union because of circumstances you could not control.
Also, remember that the criteria for showing the marital union was legal and in good faith remains unchanged, irrespective of whether you wish to file the petition solo or jointly. Therefore, be ready to submit documented evidence to show that your marriage was in good faith.
You can still request that the joint filing condition be waived even if you are still in the process of terminating your marriage. That is, if you have initiated the annulment or divorce filing process.
Waiver applications need expert legal representation more than jointly brought petitions. That is because waiver requests undergo greater scrutiny than the joint petitions. You must present convincing documents to show you qualify for a waiver and overcome presumptions of marriage-related fraud. Without compelling evidence, the USCIS might deny your request and initiate deportation proceedings.
An attorney experienced in family and immigration law may be able to help you with your waiver application in the following ways:
- Evaluate your case thoroughly to determine the most compelling legal basis for seeking the waiver.
- Preparing for a comprehensive legal brief addressing the USCIS criteria and possible concerns
- Compiling persuasive evidence like affidavits, financial records, police reports, photographs, expert statements, or medical documentation
- Preparing for the interview and representing you before the USCIS
- Responding strategically to RFEs (Requests for Evidence) and NOIDs (Notices of Intent to Deny)
Steps In Filing Your Petition
The following is the step-by-step process of filing the petition to remove conditions on residence:
- Eligibility confirmation. Before bringing your petition, you want to assess your case facts to confirm whether you satisfy the lawful criteria for lifting conditions. A lawyer can help you determine your eligibility.
- Preparing and filing the petition. The next step is to prepare and file your petition. Ensure your petition is complete and accurate, and you have submitted all the necessary fees, signatures, and documentation per the USCIS standards.
- Compiling evidence. You must compile and organize solid supporting documentation, like records for property ownership, joint financial statements, utility bills, tax returns, affidavits from friends and family, and photographs to substantiate your petition.
- Biometrics. With the help of your lawyer, the next step is monitoring your case for a biometrics appointment by the USCIS. Ensure background checks, photographs, and fingerprints are completed on time.
- Interview. You may have to attend an interview. In this case, a lawyer can help you. They can provide tailored legal preparation and representation, ensuring they present your matter effectively and handle all the USCIS inquiries and concerns.
- Approval and permanent card issuance. If the USCIS grants your petition, it will remove the conditions on your green card. After the removal, you will secure a ten-year PRS card, giving you long-lasting security and stability in the U.S.
If the USCIS denies your petition, it will send you a notice giving the reasons for the denial. Appealing is not there in these cases, though you can refile the I-751 petition, bring a motion to reconsider or reopen (I-290B), or take your matter to immigration court if you are placed in deportation proceedings, often with an immigration lawyer's help. Regardless of the option you choose out of the three, you want to use the chance to address the problems the USCIS raised in their notice of denial and submit more evidence.
Documents You Must Accompany With Your Petition
You must submit these documents to the USCIS together with Form I-751 for your petition to be complete:
- Evidence that your marriage was in good faith
- A photocopy of your alien registration or green card. If you are abroad, you must submit two passport photos.
- Criminal history, if applicable
- Evidence of extreme hardship, abuse, divorce, or death (if applicable)
Evidence Of Your Marriage Being in Good Faith
Your I-751 petition must be accompanied by photocopies of documentation showing that you entered into the marital union upon which you were granted conditional status with good intentions and not because you wanted to bypass immigration laws. Documentation that can assist in establishing this includes, without limitation:
- Affidavits affirmed by or sworn to a minimum of two individuals who have known you and your spouse since you were granted your conditional residence and personally know about the marital union and relationship. Every affidavit should have this information regarding the party signing it:
- Their address and full name
- Place and date of birth
- The party’s relationship to you and your spouse
- Details on how they knew about your marriage and relationship
- Financial records indicating joint asset ownership and responsibility for liabilities, like the following:
- Copies of military Leave and Earnings Statements indicating receipt of BAQ (Basic Allowance for Quarters) with family members and, if applicable, Form DD-1172 for military family member ID cards
- Joint installment or other loans
- Joint utility bills
- Insurance policies showing your spouse as the beneficiary
- Complete joint State and Federal tax returns
- Checking accounts with a transaction record
- Joint saving
- Mortgage or lease contracts indicating joint occupancy or home ownership
- If any, the birth certificates belonging to the children born in that marriage
A Copy of Your Green Card
You must present copies of your green card, both the back and front sides. However, if you live overseas per government or military orders and your dependents also live overseas, you have different conditions to follow. In this case, you must submit two passport-size photos for every dependent and petitioner, irrespective of age. These photos must:
- Have a full-faced frontal view
- Be printed on fine paper with a glossy finish
- Not to be retouched and be unmounted
- Be colored with an off-white or white background
- Be of you with your head bare (unless you wear headwear because your religious denomination requires it).
- Have your name and A-Number (Alien Registration Number) faintly printed in felt pen or pencil on the back of it.
Overseas immigrants and dependents aged between 14 and 79 must also present two duly filled Form FD-258 standard fingerprint cards each, with their Alien Registration Numbers written on both sides. A USCIS office, United States Embassy or Consulate, or United States military installation prepares the fingerprint cards.
Criminal History
Your petition must include a complete record of any supposed criminal activity. If you have ever been under arrest or in detention for whatever reason, be it here or abroad, but did not face charges, you must submit either of the following:
- A court-issued order showing that you did not face charges, or
- An original of the arresting agency’s statement confirming that it did not file any charges against you
You need not provide evidence of traffic violations and actions that never subjected you to a criminal arrest, provided the following is true:
- The traffic violation was not related to drugs or alcohol, and
- Points on your driver's license or a court fine not exceeding $500 were the only consequences you faced
If you have been under arrest or detention for whatever reason, either here or in another nation, and charges were filed (with or without being arrested), you must provide a court-approved copy or original of the complete court or arrest record or disposition of every incident.
If you were ever found guilty, you must provide a court-approved copy or original of the sentencing record for every violation. The same applies if you faced a rehabilitative or alternative sentencing program (for example, community work or narcotics treatment). Accompany the court-approved copy or original of the sentencing record by evidence that you completed your sentence, including:
- A court-certified copy or original of your parole or probation record
- Evidence of your completion of a rehabilitative program or alternative sentencing program
- A court-approved copy or original of the order setting aside, vacating, expunging, sealing, or otherwise doing away with the conviction or criminal arrest record
- If there is no record, an original court statement stating that no conviction or criminal arrest record exists.
Evidence of Extreme Hardship, Abuse, Divorce, or Death
If you are filing the petition alone, you must accompany it with the following, as applicable:
- Evidence to show abuse, like the following:
- Affidavits or photographs showing you sought safety in a shelter for abused people or a similar refuge
- Official records or reports by school officials, courts, police, medical personnel, social workers, clergy, or personnel from social service agencies
- Medical records and photographs showing abuse
- Restraining order copies
- If the marital union ended through divorce due to extreme cruelty or physical abuse, attach a photocopy of your divorce decree.
- A photocopy of the final divorce decree or other documentation annulling or terminating the marriage.
- A copy of the death certificate
If you are seeking to waive the joint petition filing condition because of extreme hardship, you must include evidence that deportation would lead to hardship more severe than the one experienced by other foreigners deported from the U.S. after an extended stay. All the evidence to support eligibility for individual filing must relate solely to those circumstances that came about within the two years you were in the country as a conditional permanent resident.
Filing Timelines
If you wish to file the petition to remove conditions on residence jointly with your spouse, you must do so within ninety days before your conditional residence expires. If you wish to file without your spouse, you may do so at any time after you have been granted your two-year green card and before deportation from the U.S.
If you fail to petition, you will automatically lose your PRS after two years, counting from when you were granted the green card. You will then be subject to deportation from the country. However, sometimes failing to bring the I-751 petition could be because of extraordinary factors beyond your control. If that is the case and the delay period was reasonable, you might file your petition late. However, you must accompany it with a written explanation and a request that the USCIS excuse the late filing.
Note that your petition must be in English. If not, it must be accompanied by a complete English translation. If there is a translation, the translator must sign a certification that provides that the translation into English is accurate and complete and that they are qualified to translate from the foreign language into English.
The Cost of the I-750 Petition
The cost of filing an I-750 petition is $595. Also, there might be a fee of $85 for the biometric service, making the total fee $680. If you are a conditional resident, you must pay the biometric service fee with your petition.
If you are an LPR or a United States citizen who is the husband or wife of the individual seeking a waiver of the joint filing requirement, you need not pay the biometric service charge when filing the I-751 petition. The USCIS will inform you later if it requires your biometrics.
Benefits of Removing Conditions on Your PRS
Removing conditions on residence comes with several benefits for non-citizens. Some of these benefits include the following:
- Eligibility for United States citizenship. You can start the naturalization process after you have removed conditions on residence and satisfied other residency conditions.
- Permanent residency. Removing conditions will enable you to secure your long-lasting residence status in the U.S. without requiring biennial renewal.
- Freedom to travel and work. If you remove conditions on your PRS, you can travel, work, and live without the restriction of the conditional status.
Find an Experienced Family Law Lawyer Near Me
Lifting conditions from your permanent residence status requires attention to every detail, meticulous planning, and prompt filing. With expert legal guidance and proper planning, you can obtain your 10-year permanent residence status and move a step further in pursuing your immigration goals. If you are ready to file the I-751 petition, whether alone or via a joint filing, we at San Diego Family Law Attorney can help you.
We have extensive experience helping our clients throughout San Diego and beyond file I-751 petitions, and can do the same for you with utmost professionalism. Hundreds of content spouses have obtained their ten-year permanent residence status by partnering with our detail-oriented and empathetic team. Call us at 619-610-7425 to start the process of removing conditions of release, or if you have any questions about the process.
