Immigration Lawyer, Woburn
Removal of conditions
Foreign nationals are granted what is known as "conditional resident status" if their marriage to a U.S. citizen or lawful permanent resident was less than two (2) years old on the date that permanent residency (a "green card") is granted.
In order for the conditional basis of lawful permanent residence to be removed, the foreign national and the petitioning spouse must jointly submit Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the foreign national's conditional residence expires.
The foreign national and the petitioning spouse must also generally appear for a personal interview before an officer or employee of the Department of Homeland Security in order for the government to verify the facts and information included in the Form I-751.
Foreign nationals may file Form I-751 without their spouse if:
They entered the marriage in good faith, but the petitioning spouse subsequently died;
They entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
They entered the marriage in good faith, but have been battered or subject to extreme cruelty by the petitioning spouse; or
The termination of the foreign national's conditional status and removal from the United States would result in extreme hardship.
If a foreign national does not timely file the Form I-751, Petition to Remove Conditions on Residence, they will automatically lose their permanent resident status two (2) years from the date on which conditional resident status was granted. The foreign national will then become removable from the United States.
If the foreign national's failure to file Form I-751 was due to extraordinary circumstances beyond their control, the foreign national may file Form I-751 late along with a written explanation and request that USCIS excuse the late filing.
The fee to file Form I-751 is $595. All Form I-751 petitions also require an $85 biometric service fee for each person applying to remove conditions on their residence.
Speak with a Local Immigration Attorney in Woburn, MA
If you need help preparing Form I-751, Petition to Remove Conditions on Residence, call local Immigration Lawyer, Dayna Lally, in Woburn, MA. Lally Immigration Services, LLC is located in Woburn, Massachusetts and offers free consultations.