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Condition to Permanent Green Card

Posted by Keshab R. Seadie | Dec 08, 2023 | 0 Comments

Filing Form I-751, Petition to Remove Conditions on Residence, is a necessary step for individuals who were granted conditional resident status through marriage and want to convert it to permanent residency. Here's a general guide on how to file the I-751 form:

  1. Timing: File Form I-751 during the 90-day period immediately before your conditional residence expires. Filing early or late can cause issues.

  2. Form Completion: Fill out Form I-751 completely. Inaccurate or incomplete forms can lead to delays or denials. The form and instructions are available on the USCIS (U.S. Citizenship and Immigration Services) website.

  3. Supporting Documents: Gather evidence of the marriage's bona fides, such as joint bank statements, lease or mortgage documents, joint tax returns, photographs, and affidavits from people who know you as a couple.

  4. Application Fee: Check the current filing fee on the USCIS website, as it can change. Make sure to include the correct fee with your application.

  5. Joint Petition: If you are still married, you and your spouse should file a joint petition. In certain cases, like divorce or widowhood, you may file a waiver to the joint filing requirement.
  6. Biometrics Appointment: After filing, you may receive a notice for a biometrics appointment, where your fingerprints and photo will be taken.
  7. Interview: USCIS may require an interview, although this isn't always the case. If an interview is scheduled, attend with your spouse and bring original documents of the copies you submitted.

  8. Legal Representation: Consider hiring an immigration attorney, especially if your case has complexities like a divorce or other issues.

  9. Submission: Mail your completed Form I-751 with all supporting documents and the filing fee to the appropriate USCIS address, which you can find on their website.

  10. Status Updates and Receipt Notice: After filing, you'll receive a receipt notice extending your conditional residence for a short period. You can check your case status online using the receipt number.
  11. Decision: USCIS will notify you of their decision. If approved, you'll receive a 10-year green card.

Always refer to the latest instructions and forms on the USCIS website, as immigration policies and procedures can change. If you have specific questions or a complex case, consulting with an immigration lawyer is advisable.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

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