Petition to Remove Conditions on Residency
If you were granted a two year permanent resident card, your status as a lawful permanent resident is conditional. This means that you must file a Form I – 751 petition for removal of conditions in the period beginning 90 days prior to the two year card expiring. It must not be filed early, and must not be filed late – i.e., after the card expires, or you risk termination of status and removal from the United States.
- Jointly Filed Petitions: Form I – 751 is considered jointly filed when, at the time of filing, the US citizen and conditional resident are still married and both sign the petition. The couple should also be living together, or it is strongly recommended that an attorney is retained to help with the filing. Frequently, in jointly-filed cases, particularly when a sufficient amount of evidence is submitted with the filing, the couple does not have to appear for an interview.
- Widows/ Widowers: Form I -751 may be filed by the widow(er) of the US citizen if the marriage was entered into in good faith and not for the purpose of evading immigration laws. The widow(er) will be required to show proof that the US citizen petitioner has deceased and evidence of the good faith marriage.
- Divorce or Annulment: Form I – 751 may be filed by a permanent resident who has since divorced the US citizen spouse. The divorce must be final and the permanent resident will be required to demonstrate that he or she entered the marriage in good faith and not for the purposes of committing immigration fraud. It is strongly recommended that an attorney is retained to help file this case type.
- Battery or Extreme Cruelty: Form I – 751 may be filed by a lawful permanent resident who was battered or subjected to extreme cruelty by his or her US citizen spouse. Divorce is not require to meet this standard. It is strongly recommended that an attorney is retained to help file this case type.
- Form I – 751 may be filed if the conditional permanent resident can demonstrate that he or she will suffer an “extreme hardship” if he or she is removed. There are many complex issues surrounding this waiver. It is strongly recommended that an attorney is retained to help file this case type.
Joint Petition to Remove Conditions – ATTORNEYS FEES
$900 for Joint Petition (if the couple lives together)
Self-Filed Petition to Remove Conditions
If you have divorced your spouse or are in the process of separation, we may be able to help you file to remove conditions on your residency as a self-petitioner. At the Law Office of Michael J. McCarroll, we have extensive experience handling self-petition cases requesting a waiver of the joint filing requirement for good faith marriage, abuse and hardship reasons. Each case is different, and our pricing corresponds to the needs of each case.
