Tag: Form I-751

When can I renew my two-year green card?

Renew your two-year green card on time by filing Form I-751. Prove your genuine marriage to avoid complications.You can apply to renew your two-year conditional green card by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days prior to the expiration date on your green card. For example, if your green card expires on 12/31/23, you can file anytime between October 2, 2023 and December 31, 2023. However, wait until about October 4 to file—so that it’s not early, but don’t wait until December 31, 2023 to file–make sure USCIS gets it well before December 31. 

USCIS will reject/deny your Form I-751 if you file too early or too late. Sometimes USCIS will reject the application right away, and you’ll know to fix your mistake. However, sometimes USCIS will not realize the application was early or late until it gets around to looking at your case in 12 to 48 months. If your case is denied at that point, the best case scenario is that you re-file with a good explanation for the now-late application. Worst case scenario is that USCIS denies your Form I-751 and puts you into removal (deportation) proceedings that will take years and years to complete, even if you are sure to win in Immigration Court.  

To be successful on your green card renewal, you must prove that you were in a “real marriage,” that is, that you did not fake the marriage to get a green card. Also, you must file on time. Green card renewal applications with Form I-751 are difficult to prepare and win, and USCIS is always looking for fraud in I-751 applications. 

Our team is happy to share information about immigration law. However, please remember that every situation is unique, and we believe that all USCIS applicants should be represented by an experienced, compassionate, and approachable attorney.  You may have a small issue in your situation that could cause major complications if you do not deal with it correctly. Or, small or big issues can arise after you file. For example, USCIS may make a mistake in your case. Or, USCIS’s processing procedures may change or processing times may decrease drastically. Preparing the application correctly is only part of this process; you need to understand what’s going on and what needs to happen until your green card is finally approved. 

The stakes are very high for the renewal of your green card. Don’t risk your future in the US by trying to figure this out on your own. Work with an experienced immigration attorney on this project that will determine whether you can continue your life, career, and family in the United States. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-676-0503) or email hello@cambridgeimmigrationlaw.com to get in touch.

How to get out of an abusive marriage AND keep your green card

Renewing Green Card After Abusive Marriage: Form I-751 & Evidence Requirements Explained for Protection and RenewalYou do not have to stay in an abusive marriage to protect your green card. US law wants you to leave your US citizen spouse’s abuse, and the US will allow you to keep your green card if you are abused by your US citizen spouse (or LPR spouse). 

If you are abused by your US citizen spouse, you can apply to renew your green card at any time. This is different from a joint renewal that must be submitted in the 90 days prior to the expiration of the two-year card. Abuse waivers can be filed before the 90-day period, or after the period. You must be legally married to your spouse at the time you file the abuse waiver. 

To file the waiver, submit the following to USCIS: 

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A statement from you about the circumstances of the abuse
  4. Evidence that you and your spouse were in a real relationship and marriage
  5. Evidence that your spouse abused you. The abuse can be physical, sexual, financial, or emotional. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. If you win your renewal based on abuse, you are eligible to file for US citizenship three years after the date you first became a conditional lawful permanent resident. 

If your waiver application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

To win a waiver case, you must only prove it was a “real marriage” and that you experienced abuse. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications.

Our team is happy to share information about immigration law. However, please remember that every situation is unique, and we believe that all USCIS applicants should be represented by an experienced, compassionate, and approachable attorney.  The stakes are very high for the renewal of your green card. Don’t risk your future in the US by trying to figure this out on your own. Work with an experienced immigration attorney on this project that will determine whether you can continue your life, career, and family in the United States. 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

What are I751 waivers?

Learn about I-751 waivers for conditional permanent residents who obtained green cards through marriage, but face divorce, abuse, or extreme hardship, and need to file without their spouse's cooperation. Form I-751, Petition to Remove Conditions on Residence, is filed by conditional permanent residents who obtained their green cards through marriage to a U.S. citizen or lawful permanent resident. The form is used to request the removal of the conditions on their residency status and to obtain a permanent green card that is valid for 10 years.

In some cases, conditional permanent residents may be unable to file Form I-751 jointly with their spouse because of divorce, abuse, or other reasons beyond their control. In these situations, they may be eligible for an I-751 waiver, which allows them to file the petition without the cooperation of their spouse.

There are three types of I-751 waivers:

  1. Waiver based on divorce: This waiver is available to conditional permanent residents who obtained their green cards through marriage but are no longer married to their spouse. To obtain this waiver, the applicant must demonstrate that the marriage was entered into in good faith and was terminated by divorce or annulment.
  2. Waiver based on abuse: This waiver is available to conditional permanent residents who have been subject to battery or extreme cruelty by their U.S. citizen or lawful permanent resident spouse. To obtain this waiver, the applicant must provide evidence of the abuse, such as police reports, medical records, or affidavits from witnesses.
  3. Waiver based on extreme hardship: This waiver is available to conditional permanent residents who would suffer extreme hardship if they were to return to their home country. To obtain this waiver, the applicant must demonstrate that the hardship is beyond the normal hardship that would be expected if they were to leave the United States.

It is important to note that the requirements and criteria for each type of I-751 waiver can be complex and challenging. It is recommended that you seek the assistance of an experienced immigration attorney who can guide you through the process and help you present a strong case for an I-751 waiver.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

Deadlines for I-751 Joint Petitions and I-751 Waiver Petitions

Deadlines for I-751 Joint Petitions and I-751 Wavier Petitions Renewing your conditional green card (or “removing the conditions on your residence”) requires you to file Form I-751 with your US Citizen spouse**. You must file Form I-751 in the 90 days before the expiration of your conditional card. Do not file it early–it may get rejected. If you file late (that is, after the expiration of your conditional green card), you will need to submit an explanation of why you filed late and convince USCIS that there was “good cause” for your lateness. 

**You will not be required to file Form I-751 with your US Citizen spouse if, if you were abused by your spouse, OR if you are divorced, or if your spouse has died, you can file a waiver application (still on Form I-751). There is no deadline for I-751 Waiver Applications. You can file them before the expiration of your green card (at any time) and you can file them after the expiration of your green  card (at any time). If you wait to file after the expiration of your green card, you run the risk that USCIS will notice that you have not filed and will send a notice of termination of your conditional residence status. If you receive a notice of termination of conditional residence status, you should file Form I-751 Waiver as a waiver as soon as possible. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

Renewing your conditional green card when no longer living with spouse

Renewing your conditional green cardRenewing your conditional green card (or “removing the conditions on your residence”) requires you to file Form I-751 with your spouse. If you are no longer living together, your spouse can still support your application to renew your conditional green card by signing Form I-751 and providing information and documents for the application. If you are separated, you should explain to USCIS what happened with the relationship. 

If you were abused by your spouse, OR if you are divorced, or if your spouse has died, you can file a waiver application (still on Form I-751). However, if you are NOT legally and fully divorced AND your spouse will not help you with the I-751, you can apply for the waiver if there was abuse in the marriage OR if you prove that you will suffer if the I-751 is not approved. If there is no abuse, we advise our clients to move forward with divorce as quickly as possible so that their case is not solely based on hardship.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

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Marriage-Based Green Card Document Guide

We work hard to make your immigration case easy for you. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.