Dealing with immigration paperwork can be overwhelming, especially when ensuring you have the correct forms and documentation. In this blog, we will explore the purpose and process of Form I-751, a necessary condition for certain lawful permanent residents. At Kasturi Law, we understand the importance of having professional legal assistance when dealing with immigration matters, and as a Naperville Immigration Lawyer, we are here to help.
Form I-751, or the Petition to Remove Conditions on Residence, is a form used by the United States Citizenship and Immigration Services (USCIS) to remove conditions on residence for individuals granted conditional permanent residency. Filing this form is essential for those with a conditional green card to become a lawful permanent resident (LPR) with a 10-year green card.
Form I-751 is generally filed by individuals who have received their conditional permanent resident status due to marrying a U.S. citizen or a lawful permanent resident (LPR). This two-year conditional residency period verifies the marriage’s authenticity and confirms that it was not solely for immigration purposes. If you hold conditional residency, it is necessary to file Form I-751 to remove the conditions and become a full-fledged LPR.
Filing Form I-751 is crucial within the 90 days preceding the expiration of your conditional residency. Missing this deadline may lead to the revocation of your conditional resident status and the commencement of deportation proceedings.
If you cannot file Form I-751 within the 90-day window, it is crucial to submit a written explanation to USCIS detailing the reasons for the delay. USCIS will more likely than not accept a late filing if they determine that there were extenuating circumstances beyond your control. Of course, if an I-751 is filed late, then the duration from when the conditional resident card expired to when the I-751 was filed and receipted, the applicant is out of status and has no proof of work authorization or international travel options. It is best to avoid such a situation.
When filing Form I-751, you must provide supporting documentation to prove that your marriage was genuine and not to evade immigration laws. This 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.
Filing fees are associated with Form I-751, including a form processing fee and a biometric services fee. The fees totaled $595 for form processing and $85 for biometric services, for a total of $680. Please note that fees are subject to change, so always check the USCIS website for the most up-to-date fee information before submitting your form.
Keep in mind that the filing fee for Form I-751 might double soon. In January 2023, USCIS suggested a new fee structure, raising filing costs for almost all application types, including removal of conditions.
After you file Form I-751, USCIS will issue a receipt notice extending your conditional residency for 18 months while your petition is being processed. The I-751 processing time may vary, and if USCIS requires additional evidence or has concerns, they may issue a Request for Evidence (RFE) or schedule an interview with you and your spouse.
Form I-751 is a critical step for those with conditional permanent residency seeking to become lawful permanent residents. The process can be complex, and having the assistance of a professional immigration lawyer can make a significant difference in the outcome of your case.
Filing Form I-751 without a lawyer is possible, but professional help can boost your chances of success and reduce stress. Skilled immigration lawyers, like Kasturi Law, guide you through the complex process, ensuring your application is complete, correct, and timely.
Immigration attorneys in Naperville or other places offer helpful support in various ways, such as evaluating eligibility, preparing and submitting your petition, addressing RFEs or NOIDs, getting ready for interviews, managing complications, and keeping up with immigration laws and rules.
As a Naperville Immigration Lawyer, we understand the importance of providing comprehensive legal assistance to those in need. Don’t leave your future to chance – reach out to an experienced immigration attorney in Naperville today to ensure that your petition to remove conditions on residence is handled correctly and efficiently, maximizing your chances of success.
