REMOVAL OF CONDITIONS OF RESIDENCE

I-751: Removing Conditions of Your Legal Residence Based on Marriage

At Alcock and Associates, we take pride in having successfully assisted hundreds in removing conditions from their legal residence. This crucial step involves transitioning from conditional to permanent residency. Typically, when residency is gained through marriage less than two years before the immigration interview, conditional residency is granted by immigration authorities.

This process is overseen by Immigration to verify the legitimacy of the marriage. For those under conditional residency, it’s mandatory to stay married to the same individual for at least two years, within which you can apply to lift these conditions.

Requirements for Removing Residency Conditions

• Marriage Continuity: You must remain married to the same U.S. citizen or permanent resident who sponsored your initial application.
  Widow/Widower Consideration: If you’re a widow/widower within this two-year period, you can apply, provided you demonstrate the marriage was genuine.
  Divorce Situations: In cases of divorce within two years, eligibility still exists if you can prove the marriage was entered in good faith.
  Abuse or Extreme Hardship: If you’ve faced abuse or extreme hardship from your U.S. citizen or permanent resident spouse, you may request removal of conditions, again, under the premise of a good-faith marriage.
  Children’s Residency Conditions: Conditions can also be lifted for children who weren’t included in the original application.

General Process

Completing the I-751 Application: This form, jointly filled by you and your spouse, should be submitted 90 days before the second residency anniversary or before the expiry date on your green card.
Inclusion of Children: If your child received residency close to your own, include them in your application. Otherwise, a separate I-751 is needed.
Consequences of Late Filing: Delayed submission risks your immigration status and potential removal from the U.S. A government-issued notice may allow you to contest or explain your case.
Proving Eligibility: It’s your responsibility to provide evidence of meeting all immigration requirements. A written explanation for any breaches committed in good faith can help in gaining approval for permanent residency.

Applying for a Waiver

In instances where joint filing with a spouse is not possible, a waiver application may be necessary. Eligibility for a waiver hinges on proving extreme hardship upon deportation, good faith in marriage, innocence in case of divorce or annulment, or evidence of abuse or cruelty. During divorce proceedings, you can still apply for a waiver and provide the final divorce decree once available.

Work Authorization and Fees

Your legal resident status remains valid, with work authorization, until a decision is made on your application. The application process also involves a fee of $680 and requires submission of various documents, including birth certificates, marriage registration, naturalization certificates (if applicable), permanent resident cards, and any relevant legal records.

This comprehensive approach ensures your application aligns with all immigration requirements, facilitating a smoother transition to permanent residency.