The best way to Remove Conditions on Green Card?

Published: 07th March 2011
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In the event you obtained the residence status via marriage to some US Citizen or Permanent Resident you have to file the form I-751 (Petition to remove Conditions on Residence). In case your dependent young children acquired conditional resident status in addition to you, then they also should be incorporated inside the application to get their conditional status eliminated. If your dependent kids acquired conditional resident status soon after the status was adjusted or if your conditional resident mother or father deceased then individuals dependent children should file Form I-751 separately to possess their conditional status removed.

Conditional Green Card:

The Conditional Residence Status is obtainable for two years from your approval date. It is going to expire once the two yr conditional time period is about and you may be deported and removed. To prevent the deportation and removal , you have to file form I-751, ninety days or much less prior to your conditional residence expires. Soon after you apply Form I-751, USCIS will grant an extension of 1 year interval time in U.s. until finally the request to remove conditions is accepted or denied.

You'll find other factors you'll be able to continue on submitting the Form I751 using a waiver whenever you,

- entered the marriage in great faith, but wife or husband subsequently died;

- entered the marriage in good faith, but the marriage was later on terminated due to divorce or

- entered the marriage in excellent faith and have remained married, but happen to be battered or
subjected to severe cruelty by U.S. citizen or permanent resident husband or wife; or

- termination with the status and removal would lead to severe hardship.

Should you file primarily based on marriage, you should provide documents such as birth certificates of kids, joint economic statements, and letters from employers, pals and relatives to prove that the applicant obtained the conditional residence status without having fraudulent.

In the event you file centered on your joint submitting to get waived you then must offer paperwork these as \
- proof of demise certificate (if wife or husband deceased),
- duplicate of divorce certificate (if marriage terminated),
- evidence of abuse (should you or your child was battered or subjected to severe cruelty).

When to File

In the event you file this form in addition to your husband or wife, you should file it throughout the 90 days just before your second anniversary of the date if approval of your respective Conditional Residence Status.

In case you are filing this form the joint submitting requirement with your partner to get waived, then you definately may possibly file this application whenever soon after conditional green card is granted or prior to your removal.

Should you fall short to file this form then you definitely will lose your permanent residence or else you will likely be subject matter to deportation. If your delay to file your application is just not your fault, you could possibly then supply an explanation to the USCIS to execute the late filing.

USCIS Process:

Soon after your Petition to remove Conditions on Residence was obtained by USCIS, they'll examine for completeness , which includes submission of all original evidence. You might then be requested to seem for an interview at USCIS workplace. The selection on approval of one's petition is dependent upon your eligibility along with the requested benefit.

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