What is Removal Of Conditions?
If you are married to a United States citizen and were granted a conditional permanent resident status, the next step is to file for a removal of conditions. A conditional permanent resident card lasts for only 2 years and is meant to deter immigration fraud. During this two-year period, you are expected to establish that you have entered into a genuine marriage, and not for immigration benefits. Once this period is close to expiring, it will be necessary to file Form I-751, Petition to Remove Conditions on Residence and prove that your marriage is bona fide.
Who petitions for a removal of conditions
- Both you and your spouse will fill out the form jointly. If you are unable to file jointly, you may be eligible for a waiver. Dependent children who acquired conditional resident status at the same time or within 90 days after the conditional resident parent may be included in the same Form I-751 as the conditional resident parent.
- Dependent children who acquired conditional resident status after 90 days, or if the parent is deceased will fill out a separate Form I-751.
What happens if I’m unable to file jointly with my spouse?
Although it is usually necessary for applicants to petition jointly with their spouse, there are some circumstances which may make you eligible for a waiver to this requirement:
- The marriage was entered in good faith, but the marriage was terminated through divorce or annulment.
- The marriage was entered in good faith, but the sponsor spouse subjected the conditional resident spouse to physical and/or mental abuse.
- The conditional resident parent entered the marriage in good faith, but their children have been subjected to physical and/or mental abuse by either parent.
- The marriage was entered in good faith, but the sponsor spouse has since died.
- The termination of conditional resident status and removal would result in “extreme hardship” for the conditional resident spouse.
What happens if I miss the deadline to file Form I-751?
If you fail to file your petition within the 90 days that your green card expires, you will lose your conditional resident status, and you may be subject to removal from the United States.
If your reason for being unable to file during this time was through no fault of your own, you may attempt to file your petition late and request that USCIS excuse the late filing. You must include a written explanation that details the exceptional circumstance for filing late. If USCIS does not accept the petition to file late, your green card will expire two years from the date you were granted conditional residency status, and you will be subject to removal.
What evidence do I need to provide to file Form I-751
In order to file for permanent residency status, it is critical to provide enough evidence of a legitimate or “bona fide” marriage. If you are unable to do this, USCIS may not consider your marriage to be entered in “good faith” and may not grant you a permanent green card. You must submit as much evidence as possible that your marriage was entered in good faith, whether or not the marriage has since ended. The following documents should be included where applicable, along with any other evidence which would help demonstrate a legitimate relationship:
- Marriage certificate
- Birth certificates of any children that were born during the time of the marriage, if applicable
- Joint financial records, such as checking and savings accounts, bank transaction history, utility bills, joint insurance policies, joint tax returns, etc.
- Proof that you and your spouse live together. Rental agreements or mortgages in both your names are acceptable forms of evidence
- Affidavits from at least two people who have known both you and your spouse since the time that conditional residency status was granted and have personal knowledge about your relationship and its legitimacy. These affidavits can be from friends and family.
- Other evidence that demonstrates an ongoing marital relationship, such as photos of the couple, text messages, social media posts about the relationship, gift receipts, wedding invitations, etc.
- If you are requesting a waiver to filing jointly with your spouse, you must provide evidence supporting the circumstances of the termination of marriage, such as a death certificate, a divorce decree, arrest charges or convictions, etc. You must provide evidence that you entered the marriage in good faith and explain the circumstances surrounding the end of the relationship. If your reason for not filing jointly is “extreme hardship,” then you must also provide evidence that your loss of permanent residency status and subsequent removal from the United States would result in a much greater hardship than other foreign nationals removed from the country.
What happens after I file Form I-751?
After filing Form I-751, it will take approximately 4 to 6 weeks to receive a response from USCIS. USCIS will mail you Form I-797, Notice of Action, which will be a receipt proving that USCIS has received your petition and is in the process of reviewing it. This receipt is very important as it extends your conditional resident status for 18 months to allow for USCIS to process your case. You will also receive a notice for bio metrics screening about a month later.
The processing time for I-751 approvals or denials varies but it is usually between 12 and 18 months. It may take longer since processing times with USCIS tend to fluctuate. During this time, you may use your Form I-797 as proof of your green card status extension. In many circumstances, it will be necessary for you and your spouse to attend an interview with USCIS. If your application is approved, USCIS will mail you a notice and a 10- year Permanent Resident Card.
Removal of conditions for an EB-5 green card holder
Another immigration category that has conditional permanent resident status is EB-5 Investor. This type of green card also lasts for only two years. To get a Permanent Resident Card, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Similar to the requirements for removal of conditions for a marriage-based green card, you must file to have the conditions removed within the 90-day time frame before your conditional permanent resident status expires, and it will be necessary to provide evidence that you did not invest as a sole means to evade immigration laws. There are several types of evidence that you must include with Form I-829:
- Evidence of Investment and Sustainment
- Evidence of Job Creation
- Material Change
If you are an EB-5 investor and are interested in learning more about the removal of conditions process, contact an immigration attorney today. An experienced attorney will be able to determine whether your business meets all of the requirements to be able to file Form I-829.
Filing for a removal of conditions can be a complicated and time-consuming process. Working with an experienced immigration attorney can make this process smooth and manageable. The attorneys at Shoreline Immigration will work with you to ensure that your case is properly prepared and submitted. Please contact Shoreline Immigration today for a consultation.