Law Offices of Nooney Roberts Hewett & Nowicki :

I-751 REMOVAL OF CONDITION

United States Citizenship and Immigration Services Form I-751, Petition to Remove Conditions on Residence, may be a difficult and time-consuming procedure for our clients, therefore we guide them through every step of the way.

We will relieve you of the pressure of attempting to navigate through all of the challenges and obstacles involved in the process, whether you are filing a joint petition or you need to file for a waiver. 

What Exactly is Form I-751, also known as the Petition to Remove Conditions on Residence? 

If you married a United States citizen within two years of filing for a green card (formally known as a Lawful Permanent Resident card), you will become a conditional lawful permanent resident and may receive a two-year conditional lawful permanent resident card. If you did not get married to a United States citizen within two (2) years of filing for a green card, you will not become a conditional permanent resident.

Your status as a legal permanent resident will be terminated if you fail to submit Form I-751 within the allotted time frame of ninety days after the expiration of your conditional green card. This form, along with the appropriate filing fee and any relevant proof, must be sent to the United States Citizenship and Immigration Services (USCIS).

Therefore, it is of the utmost importance to confer with a lawyer in advance of the expiration of your conditional green card. 

Why Submit Form I-751? 

The submission of Form I-751 by individuals is being required by the federal government in an effort to reduce instances of fraudulent marriages. The federal government is under the impression that they will be able to uncover a significant amount of marriage fraud if they revisit all marriages that have lasted less than two years a second time two years after the individual has been granted a conditional green card. 

What other documents are required in addition to Form I-751? 

You and your U.S. citizen spouse are required to submit a joint I-751 form. You are required to submit Form I-751, the appropriate filing fee, evidence that your marriage was legitimiate when it first started, and further documentation.

In many cases, the existence of joint bank account statements, joint cell phone records, joint utility bill statements, text message printouts, photos, social media account printouts, a lease or deed with both of your names on it, and other types of documentation are required in order to prove a bona fide marriage. These types of documents typically date back at least two years. 

What Should I Do if I’m Not Sure What to Provide or How Much Information to Send? 

People who submit Form I-751 are frequently sent a document known as an RFE, which stands for a Request for Evidence. You will be issued this RFE along with a deadline for submitting the needed papers in the event that you do not submit the appropriate or sufficient amount of documentary proof. On the other hand, USCIS is not required to issue an RFE. They have the ability to categorically reject Form I-751.

It is essential to deliver all the necessary paperwork at the start of the session. To do this, hiring an attorney would be in your best interest, as we will guide you along with this intricate proceeding. Call our immigration attorneys at Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 today! 

What Should I Do if My Spouse and I Are Unable to Submit a Joint Petition to Remove Conditions? 

There are three exemptions to the requirement for couples filing jointly. In other words, the noncitizen spouse is permitted to submit the I-751 form without their U.S. citizen partner under the following three (3) conditions: 

Exceptional Hardship Waiver 

The requirement that you submit Form I-751 with your U.S. citizen spouse will not be enforced by USCIS if you can demonstrate that you are facing exceptional hardship. 

Divorce Waiver

In the event that you and your U.S. citizen spouse end up being divorced, you will be able to submit Form I-751 and ask for a divorce waiver.

Despite this, you will still be required to provide evidence that the marriage was entered into in good faith. As a result, you will be required to provide documentary evidence in the same manner as if you were bringing a joint petition. 

Waiver for a Battered Spouse 

You are eligible for a Battered Spouse Waiver if you have been subjected to battery or extreme cruelty by your U.S. citizen spouse. To qualify for this waiver, you must demonstrate that the marriage was entered into in good faith. If this applies to you, you can file the I-751 form without your spouse. 

Will It Be Necessary for Me to Attend an Interview? 

After you have submitted Form I-751 to USCIS, you will often be required to attend an interview. 

Should you be required to attend an interview, the questions would most likely center on the longterm potential of the marriage. The adjudicator will attempt to ascertain whether the couple entered their marriage with honest intentions and good faith. During the interview, they will frequently ask you to provide evidence. They will typically ask to see joint bank statements, joint utility bills, joint phone records, pictures, and other items from the time period between when you submitted the I-751 and the interview. 

USCIS Rejected My I-751 Application. I would Like to Appeal. 

The USCIS Petition to Remove Conditions of Residence (Form I-751) is unfortunately not subject to any form of appeal. You also need to be aware that USCIS has the authority to commence deportation proceedings against you and issue a Notice to Appear (NTA). However, after that, you have the option of having an immigration judge decide whether or not your petition to remove conditions should be granted; this would effectively give you a second chance at getting what you want.

Since there are many different factors to consider while completing an I-751, it is strongly recommended that you seek the advice of an experienced immigration attorney before submitting the form. Fill out a quick form to schedule your free initial consultation with our legal experts at Nooney, Roberts, Hewett & Nowicki! 

How Much Time Is Needed to Process Form I-751? 

USCIS is required to publicize the typical processing times for each form. After you have submitted Form I-751, USCIS will send you a notification that will extend your conditional legal permanent resident status for another 18 months. 

Why Should I Hire an Immigration Attorney? 

It is smart to check with an attorney about your specific situation to be sure there are no pitfalls that await you in the process. Initial consultations with attorneys are usually free of charge.

In exchange for a nominal consultation fee, the vast majority of immigration lawyers are willing to offer you thirty minutes to one hour of their time. In return, when you leave the office, you should have gained further information on the procedure, information regarding potential difficulties that you may not have been aware of, and assistance regarding how you should proceed. 

At Nooney, Roberts, Hewett & Nowicki, we strive to present you with as much useful information as we possibly can so that you are able to decide whether to retain our services. We will never put you in a position where you feel obligated to hire us to handle your case in any way.

Call Our Jacksonville Immigration Attorneys Today! 

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients with immigration procedures. Our expert legal team can help you along this complicated and intricate process. Please do not go through this process alone. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys! ¡Hablamos español!

1680 Emerson St
Jacksonville, FL 32207
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