I-751 Petition to Remove Conditions Lawyer in Dallas
Conditional Permanent Residents (CPRs) include those who received a green card based on their marriage to a U.S. citizen or lawful permanent resident during the first two years of their marriage. They also include any children who received conditional permanent resident status.
U.S. Citizenship and Immigration Services (USCIS) requires a CPR to file an I-751 petition to request the conditions on the permanent residence be removed. In general, a CPR must file the petition to remove the conditions within the 90-day period before the conditional residence expires. Children who are CPRs may be included in their parents’ I-751 petitions.
If a CPR remains married to the US Citizen or lawful permanent residence spouse, they should file the petition jointly along with evidence of their continued good faith marriage.
Call (844) 299-5003 or complete our online form to speak with an immigration attorney in Dallas at Akula & Associates P.C..
What If My Marriage Has Ended?
A CPR should file an I-751 petition to have the conditions removed on permanent residence even if the marriage has ended in divorce or through the death of the spouse. USCIS may waive the requirement that the I-751 be filed jointly with the CPR’s spouse where:
- Termination of your CPR status and removal from the U.S. will result in extreme hardship,
- Your good faith marriage ended in divorce or through annulment,
- Your or your child suffered extreme cruelty or domestic abuse during the marriage, or
- Your spouse or stepparent passed away.
A CPR who does not file the I-751 jointly with the petitioning spouse still must show the marriage was in good faith.
Consequences of Failing to File I-751
The consequences of failing to file an I-751 petition where required may be severe. Individuals who fail to file an I-751 petition may be placed in removal proceedings and risk the loss of the permanent resident status in the United States.
FAQ: I-751 Petition to Remove Conditions on Residence
What is the Purpose of the I-751 Petition?
The I-751 petition allows Conditional Permanent Residents (CPRs) to remove the conditions on their green cards, transitioning them to full permanent residency. This is necessary for individuals granted CPR status based on a marriage that was less than two years old at the time of green card approval.
When Should the I-751 Petition Be Filed?
The petition must be submitted within the 90 days before the conditional green card expires. Missing this window can lead to complications or even loss of status.
What Happens if I Miss the Filing Deadline?
Failing to file on time can result in:
- Loss of conditional permanent resident status.
- Initiation of removal (deportation) proceedings.
It is critical to seek legal guidance if you are approaching or have missed the deadline.
What if I’m No Longer Married to My Spouse?
You can still file the I-751 petition independently if:
- The marriage ended in divorce or annulment, provided it was entered into in good faith.
- You experienced domestic violence or extreme cruelty during the marriage.
- Your spouse passed away.
- Removal of your status would result in extreme hardship.
What Evidence Do I Need to Provide?
Evidence must demonstrate either:
- The ongoing legitimacy of your marriage (if filing jointly).
- That the marriage was initially entered into in good faith (if filing independently).
Examples include: - Financial records showing shared assets or accounts.
- Documents proving cohabitation, such as leases or utility bills.
- Photos, correspondence, and sworn affidavits from people familiar with your relationship.
Can My Children Be Included in My Petition?
Yes, children who obtained conditional permanent resident status through your green card can be included in your I-751 petition, provided they meet eligibility requirements.
What Are the Risks of Filing Without Legal Help?
The I-751 process can be complex, especially in cases involving divorce, abuse, or late filings. Errors or insufficient documentation may lead to delays or denials.
How Can an Attorney Assist with the I-751 Process?
An experienced immigration attorney can:
- Ensure the petition is completed and filed accurately.
- Help you gather necessary evidence.
- Navigate challenging situations, such as a divorce or abuse claims.
- Represent you if complications arise, such as USCIS requests for more information or places you in removal proceedings.
Call (844) 299-5003 or complete our online form to speak with an immigration attorney in Dallas at Akula & Associates P.C.. We help clients nationwide and our services are available in English, Farsi, Hindu, Lao, Mandarin Chinese (中文), Portuguese, Spanish, Taiwanese/Hokkien (臺語), Telugu, Urdu.
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