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Navigating the world of immigration law can be a daunting experience. You might ask yourself, “Do I need a lawyer to file Form I-751?” In this blog, we’ll discuss what Form I-751 is, who needs to file it, and how an immigration lawyer like Kasturi Law can help you through the process. As a Naperville Immigration Lawyer, we understand the importance of having professional legal assistance when dealing with immigration matters.

Who Needs To File Form I-751?

form I-751Form I-751 is typically filed by individuals who have obtained their conditional permanent resident status through marriage to a U.S. citizen or a lawful permanent resident (LPR). The two-year conditional residency is granted to ensure that the marriage is genuine and not entered into solely for immigration purposes.

If you have been granted conditional residency, you must file Form I-751 jointly with your spouse or, in some cases, individually (in cases of divorce, spousal abuse, or extreme hardship, for example) to prove that your marriage was genuine and not to evade immigration laws.

How To File Form I-751

The I-751 processing time varies, but filing the form within the 90-day window before your conditional residency expires is essential. Failing to file within this timeframe can result in the termination of your conditional resident status and the initiation of removal proceedings.

To file Form I-751, you must complete and sign the form, attach the required supporting documents, and submit the appropriate filing fee. Supporting documents may include evidence of your marital relationship, such as joint bank account statements, property records, and affidavits from friends or family who can attest to the authenticity of your marriage.

Once your Form I-751 is filed, USCIS will issue a receipt notice extending your conditional residency while your petition is being processed. If the USCIS has concerns or requires additional evidence, they may issue a Request for Evidence (RFE) or schedule an interview with you and your spouse.

Benefits of Having an Immigration Lawyer

While it is possible to file Form I-751 without the assistance of an immigration attorney, having professional legal help can significantly increase your chances of success and alleviate stress. An experienced immigration lawyer like Shobhana Kasturi, can help guide you through the complex process, ensuring that your application is complete, accurate, and submitted on time. Also, hiring an experienced lawyer can mean that the presentation and amount of evidence are sufficient not to warrant an interview for the I-751. While most I-751’s do not have interviews, some do, and often that is because of how much evidence was submitted.

How an Immigration Lawyer Can Help With Form I-751

An immigration attorney in Naperville or elsewhere can provide valuable assistance in several ways:

  • Assessing your eligibility: Before filing Form I-751, a lawyer can help you determine if you are eligible to remove conditions on your residency and whether you should file jointly with your spouse or individually. The lawyer can make an assessment on whether you need a waiver based on I-751 and what is entailed in that process. Most waiver-based I-751 cases do have USCIS interviews, so one has to consider what type of I-751 case they have.
  • Preparing and filing your petition: An immigration lawyer can help you complete Form I-751 correctly, ensuring that you provide all necessary information and documentation. They can also guide you in gathering and organizing supporting evidence to strengthen your case.
  • Responding to RFEs or Notices of Intent to Deny (NOIDs): If USCIS requests additional evidence or issues a NOID, an immigration lawyer can help you understand the request and gather the necessary documentation to address your concerns.
  • Preparing for interviews: In some cases, USCIS may require you and your spouse to attend an interview. An immigration attorney can help you prepare for the interview, ensuring that you are ready to answer any questions and present a strong case for removing the conditions of your residency.
  • Handling potential complications: If you encounter issues during the I-751 process, such as divorce, spousal abuse, or extreme hardship, an immigration lawyer can guide you through these challenges and help you determine the best course of action.
  • Staying updated on immigration laws and regulations: Immigration laws and policies can change frequently. An immigration attorney will be up to date with the latest information, ensuring that your case is handled according to current regulations.

While it is possible to file Form I-751 without the assistance of an immigration lawyer, having professional legal help can make a significant difference in the outcome of your case. Shobhana Kasturi (from Kasturi Law, LLC), as a Naperville Immigration Lawyer, can provide the assistance you need to navigate the complex process of removing conditions on your residency. Don’t leave your future to chance. Reach out to an experienced immigration attorney in Naperville today.


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