Form I-752 which is also known as the petition to remove conditions of residence is used by conditional residents who obtained their status through the way of marriage. They do this while trying to request the USCIS to remove the conditions imposed on their residence. Through the process of the removal of conditions the U.S Citizenship and Immigration Services at the request of the resident seeks to change the conditional marriage based green card that would expire in a period of 2 years to a full ten years green card.
The green card is awarded to individuals that have been married for a period of fewer than two years as a result of getting married to a U.S citizen or a green card holder when they gain permanent residence. Understanding what is an I-751 petition is just the start of the process of filing the form. The information that you provide on the I-751 form is used by the USCIS to determine if the applicant got married for genuine reasons or if the reason for the marriage is for the purpose of getting a green card.
In the case where the marriage has long ended it is possible for an individual to apply for the removal of conditions on the green card. Even so, there will be a request for evidence and you will need to provide evidence that shows that you were in a good faith marriage.
Removing Conditions on an I-751 Petition
As an immigrant, you are allowed to file the I-751 joint petition alone without the joint petitioner for the reason of removing conditions on their conditional permanent resident status. An immigrant that has conditional permanent residence status via being married to a resident of the US and is unable to file a joint petition due to circumstances such as divorce, the death of their spouse who was a U.S citizen, or as a result of the spouse refusing to cooperate can as a result file a waiver without needing a joint petitioner. They can file an I-751 waiver if they can show the below requirements:
- They need to show that all parties entered into the marriage in good faith, but even as is the case the marriage ended in a divorce.
- They entered the marriage in good faith but the marriage got terminated as a result of the death of their US spouse.
- They will need to show that as a result of them getting deported they are going to face severe hardship. The hardship should show to be greater by individuals that are normally deported.
- In your marriage with your United States Citizen, you have been subjected to severe mental cruelty or physical battering.
Just like the joint petition, the application for a waiver should be filed within a period of ninety days to two years of the conditional residency expiration date.
When Should You File an I-751 Petition?
With most people trying to file the form I-751 form individuals may be wondering when it is the right time to file the petition. You should understand that the right time to file form I-751 is dependent on whether an individual is filing the petition with their spouse or if their current conditional green card has expired. Here are some of the circumstances that you may need to file an I-751 petition and guidelines to follow.
Filing Jointly With Your Conditional-Resident Spouse While Still Married
When you are filing a petition jointly while still married to the sponsoring spouse you will need to submit a joint petition within a period of 90 days before the conditional green card date expires. It is not possible for you to submit an application 90 days before your green card’s expiration date.
Also, as the alien spouse, you should make sure to apply for the petition before the expiration date of your conditional green card so you are able to maintain your status. You should follow the joint filing requirement when filing together with your spouse. When the conditional green card expires before you are able to apply to remove the conditions you can lose your status as a permanent resident.
Filing for a Conditional Residency Status by Yourself
There are situations that allow you to file the petition by yourself. The eligibility requirements to file for the petition of a permanent resident card alone if:
- Your spouse is dead.
- A marital relationship with a citizen or lawful permanent resident spouse shows evidence of physical abuse towards you or your children.
- Your marriage ended in divorce or an annulment.
Under these bases for the petition, you can file for the I-751 adjudication at any time after the USCIS or the United States Citizenship and Immigration Services provides you with conditional residence. Even as you go through the application process you should remember that you will need to fill a section that allows you to apply for a waiver of the joint filing application. It is necessary for you to prove that severe hardship will occur as a result of the termination of your conditional residency card status and deportation.
The Expiration of Your Conditional Green Card
There are times that the U.S Citizenship and Immigration Services will make an exception for you and allow you to be able to file for form I-751 even after the expiration date. For your application to be considered it is necessary for you to write a letter that explains why you were unable to file for the application on time. You do not have the guarantee that the USCIS will accept a late filing. Even so, the USCIS can approve your application in the case where extraordinary circumstances that you did not have control over caused the delay.
Do You Need an Attorney to File Your USCIS I-751 Form so as to Remove Conditions of Residence?
If you are a green card holder or a lawful permanent resident who has a conditional green card you may not need a lawyer to help you file your USCIS form I-751 petition to remove conditions of residence. However, if you do decide to get a lawyer to represent you there are some benefits that come with hiring an experienced immigration attorney.
Help Explaining Untimely Filing for the Adjustment of Status
When you need to file an I-751 petition after the expiration of your conditional green card it is necessary for you to provide a good cause as to why you untimely filed your petition. When you fail to provide strong evidence it can lead to your petition being denied. The filing fee will not be returned as a result of the renewal of your 2-year conditional green card petition being denied. An experienced immigration lawyer can help you avoid untimely filing for permanent residency and help you with late applications.
At the Law Office of Jason A Dennis, our legal services help our clients handle a myriad of immigration issues such as the I-751 form for the removal of conditions of residence on your conditional status and we would love to help you with your interview scheduling and other issues surrounding your two-year green card when you give us a call! Our affordable immigration attorneys have the advantage of knowing the law. Let us help you through your adjudication of waiver petitions.
