Green cards are the key to a long-term stay in the USA, with a standard validity of 10 years and the possibility of indefinite renewal. However, there is an exception for those who received a green card through marriage and have been married for less than 24 months at the time of receipt. In this case, the green card is “conditional” and valid for only two years.
To convert the conditional green card to a regular one for a 10-year stay, it is necessary to file a petition for removal of conditions using Form I-751. Your trusted attorney at Kasturi Law, your Naperville immigration attorney, is here to provide you with all the information you need to know about Form I-751.
Form I-751 is a crucial application that you must submit to the Department of Homeland Security U.S. Citizenship and Naturalization Services, in order to extend your green card residency visa for a full 10 years. The form is specifically intended for individuals who are married to U.S. citizens and any children of the immigrant spouse who are not yet U.S. citizens.
The purpose of the form is to provide Immigration and Naturalization Services with information about the legitimacy of your marriage and to determine if it was solely for the purpose of obtaining entry into the country. This also applies if you received your green card as a minor child of an American citizen spouse and your parents are still together and functioning as a family.
The form also provides opportunities for you to report any disruptions in your marital relationship. Despite the few questions included most of the pages serve as an attestation of your understanding of the information being reported. Additionally, there are pages for any individuals filling out the form on your behalf to sign.
Determining the need to file Form I-751 is a straightforward process. To start, retrieve your green card. Take a look at the front of the card and locate the “Category” heading. If you see “CR1” listed under this heading, this indicates that you were admitted to the country on a conditional basis and your marital status needs to be verified.
Another way to determine if you need to file the form is by checking the expiration date on your green card. This date will indicate whether you received a two-year or a ten-year green card, providing further information on whether you need to file Form I-751.
Typically, both spouses in the marriage file Form I-751 together. However, in the case of divorce or spousal abuse, the immigrant spouse is allowed to file separately with the approval of the U.S. Citizenship and Naturalization Service. On the form, you are required to list all of your children, regardless of whether they are already U.S. citizens or not applying for an extension to their green card. In such cases, simply check the box labeled “not applying.” However, it is important to be cautious and avoid checking this box if the child also needs an extension to their green card.
Completing Form I-751 is not a complicated task, as you can easily print it out and fill it in with black ink. However, to ensure that you provide the required supporting documentation, it is advisable to seek the assistance of a Naperville immigration attorney from Kasturi Law.
When submitting the form, you will need to include several pieces of evidence that demonstrate your shared life together, such as your lease agreement, bank statements, joint mortgage and loan applications, tax returns, birth certificates of any children born since your arrival in the US, voided checks, recent family photos, and statements from friends. If there is any uncertainty about the acceptance of your documentation, it’s recommended to consult an immigration attorney at Kasturi Law.
In the event that you are filing separately from your American spouse, you will need to provide a valid explanation, such as a divorce decree or evidence of domestic abuse. Additionally, if you have any criminal convictions or are filing the form late, it’s important to seek the advice of Kasturi Law.
If you file with Kasturi Law, we will provide a personalized checklist of everything you need to make your case for a 10-year green card.
At Kasturi Law, immigration law is all we do. For us, immigration law is more than just a job. We care about giving every immigrant an opportunity to establish a happy life in the U.S.A.
Don’t delay filing your Form I-751. Send us an email or call your I-751 Petition Attorney in Naperville IL Kasturi Law at (630) 392-8101 today!
