Removal of Conditions (I‑751) Lawyers

Securing Permanent Residency: The I-751 Removal of Conditions Process

With immigration laws constantly changing, it can be challenging to understand the various forms that you must complete and their corresponding deadlines. One of the most critical forms is the I-725 Removal of Conditions, often viewed as a “second test” of your marriage. The 1-751 meant to ensure that you and your spouse were married in “good faith” and not merely to obtain a permanent green card. 

Due to the serious consequences and legal complexities involved with Form I-751 and proving that the marriage is legitimate, it is in your best interests to hire a removal of conditions lawyer to assist you with your legal needs. 

Zaki Ali, Trial Lawyers, is an Anderson, IN law firm dedicated to helping individuals with their immigration needs. Contact our law office today to schedule a consultation to learn more about how we can assist you.

What is Form I‑751, and Who Needs it?

If you received your green card through marriage to either a US citizen or a lawful permanent resident, and your marriage was under two years old when it was approved, you will need to file the I-751 form to transition from a temporary to a permanent green card. If you are not sure whether you need to file Form 1-751, you can check your green card’s expiration date. If the card states it is valid for only 2 years, you will need to file.

Form 1-751, officially known as the Petition to Remove Conditions on Residence, is an application that conditional permanent residents must complete to transition from a two-year conditional green card to the standard 10-year green card. 

The USCIS has a joint filing requirement that stipulates you and your spouse must both sign Form I-751, verifying that the marriage is legitimate and not for the purpose of circumventing US immigration laws. Signing the document also verifies that you and your spouse are still living together as a married couple. 

The following individuals are required to file a 1-751:

• Spouses who have been married for less than two years at the time they were granted their initial residency status
• Divorcees who were married in good faith but have since divorced since their initial green card was issued. Individuals who fit this category need a “waiver request” of the joint filing requirement
• Widows/widowers who married in good faith but whose spouse has since passed away during the two years must also file a 1-751

What Are the Filing Requirements and Procedures for Removing Conditions on a Green Card?

One of the most essential factors for “removal of conditions” is filing Form 1-751 by the critical deadline. For immigration purposes, you must file a 1-751 within 90 days immediately after the expiration date of your two-year conditional green card. 

If you miss the 90-day deadline, you must also include a written explanation of “good cause” that provides details on why you did not submit the form on time. Examples often include military or government service or a medical emergency. If you need to file a waiver due to the divorce, the death of a spouse, or abuse, you are free to file at anytime before or after the 90-day window or before the issuance of a final order of removal.

Which Documents Are Essential for a Successful Removal of Conditions?

USCIS uses strict guidelines for those who petition to remove the conditions on their residency. Collecting ample documentation to provide strong evidence is vital to having your petition approved.

The evidence that you provide to the USCIS must be able to show a paper trail of the life that you and your spouse have built together. Some of the most critical documents that you need include:

• Joint tax returns showing married filing jointly
• Joint bank statements
• Joint financial obligations, such as a mortgage, loans, or credit card statements
• Shared assets such as the deed to a home, a joint car title, or investment accounts
• Proof that you and your spouse share a residence, which may include utility bills, driver’s licenses, or a state id that shows the same address
• Insurance policies that list the other spouse as a beneficiary or a dependent
• Your children’s birth certificates, which further substantiate that you have married in good faith
• Photos of special events such as your wedding, vacations, and holidays spent with your spouse, to show you have an ongoing relationship
• An affidavit, also called a letter of support, from at least two friends or family members who can attest to the authenticity of your marriage

What is the 1-751 Waiver?

An I-751 Waiver is a form that requests USCIS to “waive” the joint filing requirement. While immigration law generally requires married couples to file jointly when seeking to remove conditions on a green card, the US recognizes that circumstances may arise that necessitate a waiver. 

The four scenarios that allow an individual to file a waiver include:

• The couple has divorced, in which case the applicant must provide a final divorce decree
• The individual entered the marriage in good faith, but they or their children were subject to physical abuse or extreme cruelty by their permanent resident or citizen spouse
• The individual’s spouse had passed away before the two-year conditional period could be completed
• The individual can demonstrate that their removal from the US would cause extreme hardship. Even so, the extreme hardship must be significantly greater than what would occur if they were deported

If you are not sure if your circumstances qualify for a 1-751 Waiver, it is best to consult an immigration lawyer to ensure you understand what options are available. Failure to comply with immigration law could result in removal proceedings, so it is best to seek legal guidance immediately. 

What are the Most Common Reasons a 1-751 Would be Denied?

While most petitions to remove conditions of residence are approved, USCIS immigration officers are trained to scrutinize applicants. Some of the most common reasons that a 1-751 petition would be denied include:

• Failing to comply with the interview notice
• Failing to meet the 90-day deadline
• Filing too early
• Filing after your conditional green card expires without showing good cause 
• Missing signatures if filing a joint petition
• Failure to provide evidence of a good-faith marriage if filing a waiver
• Inadequate proof of a bona fide marital relationship, including showing a solid paper trail of evidence
• Lack of recent documents from the last two years
• Specific offenses committed during the two-year conditional period, including Crimes of Moral Turpitude (CIMT)
• The USCIS suspects fraud. Common examples include immigration officers finding spouses living at different addresses

Why is it Critical That I hire a Lawyer to Help Me With the Removal of Conditions Process?

Immigration law can be overly complex and requires the assistance of a knowledgeable lawyer. Zaki Ali, Trial Lawyers is a law firm with extensive experience helping clients gather the supporting documentation they need to prove they have a legitimate marriage. 

Our attorney, Zaki Ali, is a fierce legal advocate who understands the nuances of helping clients with petitions to remove conditions. Attorney Ali is also ready to act as your personal advocate if you have concerns about having to file a waiver and can help gather the evidence needed to support your claims. 

When you come to us for legal assistance, we will ensure that your 1-725 is filed within the 90 days and before your condition green card expires. Our legal team will also verify that your petition is completed correctly to ensure there are no mistakes that could cause unnecessary delays or lead to rejection. 

Contact our Anderson, IN law firm today at 1-833-ZAKI-ALI (1-833-925-4254) to schedule a consultation.