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Remove Conditions

Petition to Remove Conditions to U.S. Permanent Residence:

When a foreigner obtains a ?green card? through a U.S. citizen spouse within the first two years of their marriage, the foreigner and any dependent children receive a two-year green card with specific conditions attached.  Because the marriage was so new when the foreigner received the green card, Immigration requires the foreigner to prove again within the 90-day period before the green card expires that s/he entered into a bona fide marriage. Within those 90 days, the foreigner must file an additional form with a filing fee and supporting evidence confirming that the marriage was entered into for bona fide reasons, and not with the purpose of evading immigration laws.

If the foreigner is still married to his/her U.S. citizen spouse, both spouses sign Form 751, a ?Joint Petition to Remove the Conditions?. If the foreigner is no longer married to his/her U.S. citizen spouse, the foreigner may apply for a waiver of the requirement to file jointly with his/her spouse, and in such a case, the foreigner files Form I-751 on his/her own, with a copy of the divorce judgment and other more substantial evidence that the marriage had been bona fide. Those seeking a waiver of the requirement of joint signatures on the Form I-751 do not have to file within the 90-day period, but rather, they can file shortly after the divorce is granted.

The process to remove conditions to the green card applies to dependent children of the foreigner, as well.  Children who acquired conditional residence status and who arrived in the United States within 90 days of their parent?s arrival are included on the same Form I-751. Dependent children who arrived more than 90 days after their parent?s arrival file a separate Form I-751 to have their conditional status removed.

Engaging the services of a qualified, experienced immigration attorney to help with filing the I-751 petition is critical, as the attorney advises the specific supporting documentation to collect, including the facts that Immigration finds most persuasive when included in affidavits of friends and family members. When the foreigner is divorced, the services of a proficient attorney are even more essential, as Immigration appears to scrutinize these cases more closely. Furthermore, Immigration more-frequently schedules in-person interviews for those filing on their own. The interview is both time-consuming and costly, and it usually requires the foreigner to take a day off of work to attend.

Merrill R. Cohen & Associates has over 15 years of successful practice in this area of immigration law, helping foreigners retain their permanent residence status, often in difficult circumstances when the optimum evidence is simply unavailable. We are happy to advise you on the documentation to collect in support of your case, prepare the petition for you, and, when necessary, accompany you to an interview ? and help you keep your green card.

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