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Petition to Removal Conditions

Petition to Removal Conditions

Assistance for conditional permanent residents that obtained status through marriage.

A petition to remove conditions on residence, also known as Form I-751 in the United States, is a process that certain individuals with conditional permanent resident status must go through in order to remove the conditions and obtain full permanent residency (a 10-year green card). This process is typically applicable to individuals who obtained their green card through marriage to a U.S. citizen or permanent resident and were married for less than two years at the time they received their conditional green card. Here are the key aspects of petition to remove conditions cases:

Purpose of the Petition:

The purpose of the petition to remove conditions is to demonstrate to the immigration authorities that the marriage through which the individual obtained their conditional green card was genuine and not entered into for the purpose of evading immigration laws. It allows the U.S. government to ensure that individuals are not using fraudulent marriages as a means to obtain permanent residency.

Conditional Permanent Resident Status:

Conditional permanent resident status is granted for two years. During this time, individuals must take steps to remove the conditions on their green card by filing Form I-751 or an equivalent form in other countries.

Joint Petition or Waiver:

In most cases, the conditional permanent resident and their U.S. citizen or permanent resident spouse must file a joint petition to remove conditions. This joint petition is typically filed within the 90-day window before the expiration of the conditional green card. Both spouses must sign the petition and provide evidence to prove the bona fides of their marriage.

However, there are exceptions where individuals can file a waiver of the joint filing requirement. Such waivers may be granted in cases where the marriage has ended due to divorce or other reasons, or in cases where the conditional resident spouse has been subjected to abuse or extreme hardship. Waiver applicants must provide substantial evidence to support their case.

Evidence and Documentation:

Whether filing a joint petition or a waiver, individuals must provide extensive documentation to demonstrate the legitimacy of their marriage. This may include:

  • Marriage certificate.

  • Proof of joint financial responsibilities.

  • Evidence of cohabitation.

  • Jointly filed tax returns.

  • Affidavits from friends and family.

  • Photographs together.

  • Any other documentation that can prove the marriage is genuine.

Biometrics and Interview:

After submitting the petition, conditional permanent residents may be required to attend a biometrics appointment to provide fingerprints and a photograph. In some cases, they may be scheduled for an interview with immigration authorities.

Decision and Approval:

If the petition to remove conditions is approved, the conditional permanent resident will receive a 10-year green card, granting them full permanent resident status. If there are concerns or issues with the petition, it may be denied, which could lead to removal proceedings.

It's crucial to carefully follow the specific guidelines and requirements set by the immigration authorities in the country where the petition is being filed. The process can be complex, and it's often advisable to consult with an immigration attorney who can provide guidance and assistance throughout the petition to remove conditions on residence process.

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