Tag: I-751

Understanding the I-751 Petition Process: A Comprehensive Guide

March 28, 2024

As individuals navigate the path of obtaining permanent residency in the United States, the I-751 petition process holds a pivotal role in ensuring the longevity of their green cards. In this comprehensive guide, we delve into the intricacies of the I-751 petition, providing valuable insights and guidance for a successful application.

What is the I-751 Petition?

The I-751 petition, officially known as the Petition to Remove Conditions on Residence, is a crucial step for individuals who initially obtained a conditional green card based on marriage to a U.S. citizen or permanent resident. This petition aims to remove the conditions attached to the green card, thereby transitioning the individual to permanent resident status.

Key Elements of the I-751 Process:

Timing and Filing:

The I-751 petition should be filed jointly by the conditional green card holder and their spouse within the 90-day period before the conditional green card expires. In cases of divorce, death of the spouse, or situations involving abuse, the conditional resident may be eligible to file the petition alone.

Documentary Evidence:

A crucial aspect of the I-751 process is providing evidence that the marriage is genuine and not entered into for immigration purposes. Examples of supporting documentation include joint financial records, shared living arrangements, and letters of support from friends and family.

Interview:

USCIS may schedule an interview to assess the legitimacy of the marital relationship. Being well-prepared for this interview is essential. Individuals may be asked to provide additional evidence or clarify certain aspects during the interview.

Conditional Green Card Extension:

While the I-751 petition is pending, the conditional green card is automatically extended for 24 months to maintain the applicant’s legal status until their permanent residence status is approved.

Common Challenges and How to Address Them:

Change in Marital Status:

In cases of divorce or separation, individuals can still file the I-751 petition alone by requesting a waiver of the joint filing requirement. Providing evidence of the bona fide nature of the original marriage is crucial in these situations.

Insufficient Documentation:

Adequate documentation is key to a successful petition. Insufficient evidence may result in delays or denials. Seek legal guidance to ensure you are including the appropriate and persuasive documentation.

Tips for a Successful I-751 Petition:

Start Early:

Initiate the process well in advance to avoid complications due to processing times and potential delays.

Thorough Documentation:

Gather comprehensive evidence showcasing the legitimacy of your marriage. The more thorough and convincing your documentation, the stronger your case.

Prepare for the Interview (if applicable):

Familiarize yourself with potential interview questions and ensure you and your spouse are aligned in your responses.

Consider Legal Assistance:

Hiring an immigration attorney with experience in I-751 petitions can significantly enhance your chances of success. An attorney can guide you through the process, navigate challenges, and ensure all legal requirements are met.

Understanding the I-751 petition process is essential for a successful transition to permanent residency. By being proactive, gathering compelling evidence, and considering legal assistance, individuals can navigate this process with confidence and secure their status as permanent residents in the United States.

If you have specific questions or need personalized guidance on your I-751 petition, don’t hesitate to reach out to our experienced immigration team. We’re here to support you on your journey towards a permanent and secure future in the U.S.

Disclaimer: This blog post is intended for informational purposes only and should not be construed as legal advice. Consult with an immigration attorney for advice regarding your specific situation.

Checklist for Waiver Success – What to Prepare

March 28, 2024

Embarking on the waiver process requires thorough preparation and attention to detail. Use this comprehensive checklist to ensure that you are well prepared for a successful waiver application. From gathering supporting documentation to understanding waiver eligibility criteria, this checklist serves as your roadmap to success.

  •  Schedule a meeting with your immigration attorney to review your case and ensure all necessary documentation is included.
  •  Clarify any legal questions or concerns related to the waiver process.
  •  Review the specific eligibility criteria for the waiver you are applying for.
  •  Speak with your immigration attorney to ensure your circumstances meet the requirements for a successful waiver application.
  • Collect personal details, including full legal names, date of birth, and contact information for all parties involved.
  •  Verify that all information is accurate and consistent with official documents.
  •  Provide a detailed timeline of your relationship, highlighting significant events and milestones.
  •  Include evidence of shared finances, joint assets, and any joint responsibilities.
  •  Clearly articulate the basis for seeking a waiver (e.g., extreme hardship, hardship to qualifying relatives).
  •  Consult with your attorney to ensure a compelling narrative that aligns with waiver requirements.
  • Include proof of the qualifying relationship (e.g., marriage certificate, birth certificates of children).
  •  Submit evidence of extreme hardship, if applicable (e.g., medical records, psychological evaluations, country condition reports).
  •  Include any legal documents related to the dissolution of the marriage (e.g., divorce decree).
  •  Provide financial records to demonstrate your ability to support yourself and any qualifying relatives.
  •  Include tax returns, pay stubs, and other relevant financial documents.
  •  Obtain affidavits or letters of support from individuals who can attest to the validity of your relationship or the extreme hardship you may face.
  •  Ensure that each affidavit is notarized and includes the affiant’s contact information.
  •  Fill out all required USCIS forms accurately and completely.
  •  Double-check that all necessary signatures are provided.
  •  Organize your documents in a logical and clear manner.
  •  Conduct a thorough review of your entire waiver application.
  •  Ensure that all required documentation is included and that there are no errors or inconsistencies.
  •  Schedule a final meeting with your immigration attorney to review the entire waiver application.
  •  Address any last-minute questions or concerns before submission.

By diligently following this checklist, you enhance your chances of a successful waiver application. If you have any questions or need further assistance, don’t hesitate to consult with your immigration attorney for personalized guidance. Best of luck on your journey toward a successful waiver outcome!

How do I renew my two year green card if my spouse died?

May 19, 2023

Renewing Green Card After Spouse's Death: Form I-751 & Evidence Requirements Explained for a Valid MarriageIf you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, in other words, you need to prove to USCIS that you did not get married just to get a green card.  Also, you need to prove that your spouse died, with a death certificate.

Your death-based waiver application should include: Form I-751:

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A copy of the death certificate of your spouse
  4. A statement from you about the circumstances of the death
  5. Evidence that you and your late spouse were in a real relationship and marriage

You need to submit as much evidence as possible to show your marriage was real. Submit documents such as photos of the two of you with other people (such as family at a birthday party), joint tax returns, joint financial documents, joint health insurance, joint lease, joint property deeds, and similar documents. Also, you can submit documents relating to your spouse’s death such as an obituary with your name, a receipt for the funeral, burial, or creation in your name, sympathy cards to you from family and friends. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your 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 not only prove it was a “real marriage”and how/when/why your spouse died. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications. Don’t file a waiver application without an experienced immigration attorney!

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.

 

How to renew my two year green card with a divorce waiver?

May 16, 2023

File Form I-751, Petition to Remove Conditions on Residence, with a divorce waiver to renew your green card.If you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, in other words, you need to prove to USCIS that you did not get married just to get a green card.  Also, you need to prove that your spouse died, with a death certificate.

Your death-based waiver application should include: Form I-751:

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A copy of the death certificate of your spouse
  4. A statement from you about the circumstances of the death
  5. Evidence that you and your late spouse were in a real relationship and marriage

You need to submit as much evidence as possible to show your marriage was real. Submit documents such as photos of the two of you with other people (such as family at a birthday party), joint tax returns, joint financial documents, joint health insurance, joint lease, joint property deeds, and similar documents. Also, you can submit documents relating to your spouse’s death such as an obituary with your name, a receipt for the funeral, burial, or creation in your name, sympathy cards to you from family and friends. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your 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 not only prove it was a “real marriage”and how/when/why your spouse died. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications. Don’t file a waiver application without an experienced immigration attorney!

 

If you have a two-year conditional green card and you are divorced or separated from your U.S. citizen or lawful permanent resident spouse, you may be eligible for a waiver of the joint filing requirement when filing Form I-751, Petition to Remove Conditions on Residence, with USCIS.

To apply for a waiver based on divorce, you will need to demonstrate that you entered into the marriage in good faith, but the marriage was terminated due to divorce or annulment. You will need to provide evidence of the bona fides of your marriage, such as joint financial records, lease agreements, photos, and affidavits from friends or family members.

When filing your Form I-751, you will need to submit a written request for a waiver based on divorce, along with supporting evidence. You may also be required to attend an interview with a USCIS officer to discuss your case. At the interview, you should be prepared to answer questions about your marriage, the reasons for the divorce, and why you are seeking a waiver of the joint filing requirement.

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

It is important to note that the process of obtaining a waiver based on divorce 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 a waiver based on divorce.

How to renew my two-year green card?

May 8, 2023

Learn how to renew your green card with Form I-751. Get an experienced immigration attorney for successful application.To renew your two-year green card, you will file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS). Here is how to prepare your filing:  

  1. Download and complete Form I-751 from the USCIS website. Make sure to fill out all the required fields accurately and completely. Do not leave any fields blank; answer “no,” “none,” or  “not applicable N/A” in any field that you would want to leave blank. 

2. Gather supporting documents: Along with your Form I-751, you will need to submit supporting documents such as evidence of your marriage (if you obtained your green card through marriage), tax returns, and other documents to prove that you have maintained continuous residence in the United States. You can use relationship documents that are similar to those that you submitted with your first application.

We have a great list of 99 documents to submit with your green card application.

3. Write a personal check, or get a bank check or money order for $680 to submit with your application. We do NOT recommend using the Credit Authorization Form–USCIS mistakenly rejects many cases submitted with that form.

4. Make a copy of EVERY page of your application–your check, all USCIS pages, all supporting documents. 

5. Submit your application: Use a trackable postal services (USPS, FedEx) to mail your entire application package to USCIS. Use the address listed on USCIS’s website the day that you file. The filing addresses sometimes change, and you must use the address that ist listed on the day that you file.

6. Attend your biometrics appointment, if USCIS sends you an appointment notice. Most USCIS applications are getting notices that they will NOT have a biometrics appointment, but if you do get an appointment, attend it.  

7.  Look out for your I-751 Receipt Notice. If you don’t have it within 2 weeks and you see that your check was cashed, you need to look into the status of your application.

8. Use your expiring/expired green card with the I-751 receipt as proof of your status, your ability to re-enter the US after foreign travel, your ability to work in the US, and your ability to get ID documents that require proof of immigration status. 

9. Await a decision: USCIS will review your application and notify you of their decision. If your application is approved, you will receive a new green card that is valid for 10 years.

 

Our team is happy to share this information with you. However, we recommend that all I-751 applicants get representation by an experienced immigration attorney. 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. 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. Don’t file an I-751 application without an experienced immigration attorney!

 

I-751 Facing Lengthy Delays

July 7, 2017

In my practice, I represent many couples on removing conditions on residency, a requirement for conditional permanent residents who are married to US citizen less than two years at the time that they adjust status based on that marriage. To remove the conditions, clients must file Form I-751 with extensive supporting documents.

Currently, my clients are experiencing lengthy delays on their pending Forms I-751. Some of my clients face wait times of over one year, which is well over the published USCIS processing times for the form. The processing times are at: https://egov.uscis.gov/cris/processTimesDisplayInit.do;jsessionid=bacXD1OC9RCyFagQNRyeu

If you need to file Form I-751, remember to file it BEFORE the expiration of the current green card. If not, your case becomes much more complicated and you risk facing removal proceedings in immigration court.

Please contact me at ellen@ellensullivanlaw.com or 617-714-4375 if you would like to consult on your current pending I-751 or if you would like to discuss my representation on new cases relating to removal of conditions on residence.