Earning your green card in the U.S. through marriage is a beautiful milestone. Still, one important step to secure your permanent residency for the long term is removing the conditions on your conditional green card. To cross over to secure permanent residency without conditions, you need to file Form I-751, Petition to Remove the Conditions on Residence. This can be a difficult process, but that's where an experienced immigration attorney comes in, acting as your legal guide.
If you need to file Form I-751 in Phoenix, AZ, please get in touch with immigration attorney Vianey K. Hurtado. When you work with our law firm, you can confidently go through the petition process, having Vianey by your side. Vianey focuses primarily on Immigration law and has a personal understanding of the immigration experience as a proud daughter of an immigrant. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.
Imagine your green card as a passport to permanent residency in the U.S. When you marry a U.S. citizen, you initially receive a conditional green card, valid for two years, if your marriage occurred less than 2 years before receiving your green card. Think of it as a temporary welcome designed to ensure the marriage is genuine and not solely for immigration purposes.
Before your conditional green card expires, you must file Form I-751, Petition to Remove the Conditions on Residence. This petition proves your marriage is truthful and allows you to transition to a full 10-year green card, granting you all the rights and privileges of permanent residency.
Here are some key steps to remember:
Here's a simple way to find out if you have conditional residency need, to file Form I-751 to remove conditions on your green card:
You may have entered your marriage with the intention of living the rest of your life with your spouse. However, there are times where your marriage results in a divorce, separation, or you have experienced abuse within the marriage. The I-751 petition contains a waiver that you may apply for, allowing a conditional resident to file for a permanent green card without your spouse. In this instance, you would use the same I-751 petition form and select the waiver of the joint filing based on your specific circumstance. Some of the reasons one may qualify for a waiver include:
It is important to note that the timelines differ from the joint filing requirement. While it is still recommended that you file within the 90 day window before the expiration of your conditional residency, the immigration regulations provide that an I-751 petition based on a waiver requirement of the joint filing, may be requested at any time before, during, or after the 90 day period.
When requesting a waiver, it is critical that you work with a reputable immigration attorney that has significant experience in the specific type of waiver that you are requesting. Your I-751 petition will need to provide compelling and well-documented evidence to support the reason you need a waiver from the joint filing requirement. Attorney Vianey K. Hurtado has assisted many applicants in obtaining their permanent green card, in scenarios where a waiver has been requested based on death, divorce, separation, abuse, and extreme hardship.
Removing the conditions on your marriage-based green card is a crucial step towards permanent residency in the United States. Filling out Form I-751, Petition to Remove Conditions on Residence, is the key to unlocking that security, but you need more than a single signature to complete the process. Remember the value of professional help. An experienced immigration lawyer can ensure your petition to remove conditions is completed correctly.
Here are the 11 parts to Form I-751, Petition To Remove Conditions On Residence.
Part 1 - Information About You, the Conditional Resident
Part 1 of Form I-751 requires you to fill in personal details such as your date of birth, country of birth, mailing address, and other relevant information. This section includes fields for your A-Number and USCIS Number, which are personal identifiers. Your A-Number can be found on your conditional Green Card, while the USCIS Number is used in online communications with USCIS. If you haven't set up an online account with USCIS, you might not have a USCIS number.
Part 2 - Biographic Information
Part 2 of Form I-751 requires you to fill in basic personal details. This includes your ethnicity, race, and physical characteristics like height, weight, eye color, and hair color. It's important to ensure accuracy in this section to match other official documents and aid in identity verification. To avoid processing delays, make sure all information is correct across all documentation in other forms for USCIS or government agencies. This section helps USCIS in confirming your identity.
Part 3 - Basis For The Petition
Part 3 of Form I-751 is where you specify whether you are filing jointly with your spouse or individually and detail your current marital status. In this section:
Part 4 - Information About the U.S. Citizen or Lawful Permanent Resident Spouse
Part 4 of Form I-751 requires you to provide detailed information about your spouse, who must be a U.S. citizen or a Lawful Permanent Resident (LPR). This includes:
Additionally, if you are a child with conditional residency through a U.S. citizen or LPR stepparent, this section also applies to you. You will need to provide similar information about your stepparent.
The section might also ask for other relevant details about your spouse or stepparent, such as employment history. Accuracy here is crucial for USCIS to verify the legitimacy of your relationship. Wrong or outdated information can cause processing delays. Children filing through a stepparent should also be prepared to establish their relationship with additional documentation, like a marriage certificate between their biological parent and the stepparent.
Part 5 - Information About Your Children
Part 5 of Form I-751 is dedicated to providing information about your children, and it plays a crucial role in the process of removing conditions on your residency. Here's an overview:
Part 6 - Accommodations
Part 6 of Form I-751 is designated for requesting accommodations due to disabilities or impairments during the immigration process. Here's an overview:
Part 7 - Provide Statement, Contact Information and Acknowledgment
Part 7 of Form I-751 is a critical section where you finalize and validate your petition. Here's an overview:
Understand that your signature has legal consequences, and any false information can impact your immigration status.
Part 8 - Spouse's Information
Part 8 of Form I-751 is crucial for those filing jointly with a spouse. Here's an overview:
For individual filers, consulting with an immigration attorney can help ensure that your petition is complete and meets USCIS guidelines.
Part 9 - Interpreter Information (If needed)
Part 9 of Form I-751 is for those who require an interpreter during their immigration process. Here's a brief overview:
Part 10 - Preparers Information
Part 10 of Form I-751 is for individuals, like attorneys or others, who assist in completing the form but are not the petitioners themselves. Here's an overview:
Part 11 - Additional Information
Part 11 of Form I-751 is where you add any additional information relevant to your petition to remove conditions on residence. Here's an overview:
If you need to file Form I-751, attorney Vianey K. Hurtado can help. Hiring Vianey can help reduce the stress associated with the time restrictions and document requirements from USCIS. With a proven track record in handling immigration cases and her personal background as an immigrant's daughter, Hurtado brings a unique blend of professionalism and empathetic insight to her practice.
Attorney Vianey K. Hurtado offers support for those navigating the challenges of immigration, particularly in filing Form I-751. Her personal connection to immigration adds depth to her professional expertise, making her an ideal choice for those seeking guidance and representation in their immigration journey. Contact us today for a detailed case evaluation. Our firm serves the areas of Phoenix and Yuma.