REMOVAL OF CONDITIONS OF RESIDENCE

I-751 REMOVE THE CONDITIONS OF YOUR LEGAL RESIDENCE – MARRIAGE

Over the years here at Alcock and Associates, we have had the pleasure and honor of being able to help hundreds of people remove the conditions from their residency. The removal of conditions in legal residence is a term that refers to the process in which an individual converts from conditional residency to permanent residency. When residency is obtained through marriage and at the time of the immigration interview, the marriage had happened less than two years earlier, immigration normally grants the beneficiary conditional residency.

To ensure that the marriage is legitimate, the process is carried out by Immigration. In conditional residency, you are required to remain married to the same person for a minimum of two years. During this time, you can request to remove them from these conditions.

REQUIREMENTS

One important thing to note is that in order to remove the conditions of your residency, you must be married to the same U.S. citizen who applied for you. The removal of residency conditions may also apply to a person who is a widow for the two years and can prove that the marriage was carried out in good faith. In case of divorce before the f two years pass, you can also request the removal of the conditions of your residence, as long as you can also prove that the marriage took place in good faith. In addition, if the U.S. citizen in question abused you or any of your children, or if they caused you extreme pain, you may also request the removal of the conditions of your residence, as long as you prove that the marriage was performed in good faith. It can be applied to remove the residency conditions of a child who could not be included in the parents’ application.

GENERAL PROCESS

To remove the conditions from your residency, you must first complete the application to request the removal of the conditions which is called the I-751 application. You and your spouse must complete the I-751 application together. It is very important that the application is completed 90 days before the second anniversary of your residency or the expiration date that can be found on your card. This is very important because if you do not apply 90 days earlier, you risk losing your immigration status, and immigration may begin a process to remove you from the United States. Also, if your child received their lawful permanent residency within 90 days of receiving yours, you can include them in the application. Although if not, you must file a separate and different I-751 for your child.

Please note that if you do not file the I-751 application on time, your legal status as a conditional legal resident and could be removed from the United States. The government will likely send you a notice with a deadline by which you have the opportunity to discuss or refute the case against you.

It is your responsibility to prove that you have met the requirements demanded by immigration. If you can prove in writing that the breach of the requirements set by immigration was committed in good faith, then immigration will approve your petition and make you a permanent resident.

If you are unable to request the removal of the conditions of your residence with your spouse, you may need to apply for a waiver. To be eligible for this waiver, you must show that your deportation will cause extreme suffering. You must also prove that the marriage was in “good faith” and that if the marriage resulted in divorce or annulment, you were not guilty or who made the request. You can also show that you were married in good faith but that you or your child were mistreated or that you have suffered extreme conditions of cruelty. If you are in the process of divorce but this has not been finalized, you can request a waiver and send a copy of the final decree of divorce or annulment of marriage and request that your petition be treated under the figure of the waiver.

You can also continue to work, and your legal resident status will be extended until immigration makes a decision regarding your process. In addition to all the information mentioned above, you must also submit a fee of $680, the applicant’s birth certificate, the applicant’s birth certificate, a copy of the marriage registration certificate, a copy of the applicant’s naturalization certificate (if applicable), a copy of the petitioner’s lawful permanent resident card (if applicable), a copy of the court certificates in case the petitioner has or has had any legal problems or arrests.