Glendale Attorney Explains How To Remove a Condition of Your Residency Status
Form I-751 is filed as a petition to remove a condition of your residency status. If you gained conditional residency status through marriage to a U.S. citizen (or permanent resident), in many cases, the condition can be removed when circumstances have changed. The first step is to file form I-751. The process, as with all interactions with USCIS, is complicated, detailed, and requires extensive supporting documentation. At Aratta Law Firm, we assist our clients through the process to confirm the filing is correctly submitted to increase the chances of a positive outcome. You can reach our Glendale immigration attorney by contacting us at (818) 550-1111.
Why File Form I-751?
If you gained conditional residency status through marriage, various life events may have occurred that will require you to file this form, including:
- Your spouse passed away.
- You entered marriage in good faith but are now divorced or the marriage was annulled.
- You were a victim of extreme abuse or extreme cruelty from the spouse who sponsored you for residency status.
- Your parent gained conditional residency status but was subjected to abuse or extreme cruelty during the marriage.
- If your conditional residency status was revoked, you would suffer extreme hardship.
How Do I File Application to Remove Condition Form I-751?
The form must be submitted with all required documentation, or it will be delayed or denied. All questions must be answered fully and completely. You will be required to submit your marriage documents and full details of the circumstances that led to the end of the marriage. If you have children of a marriage, added supporting documentation will be required.
Supporting documentation for Form I-751
The most critical point evaluated by the immigration authorities to ensure you entered the marriage in good faith, and the marriage did not involve the intention to evade immigration law is evidence. The more evidence you submit proving the validity of the marriage, the greater the chances your application will be approved.
If your spouse died, you will be required to submit a copy of the death certificate and other supporting evidence. If you were divorced, the final divorce decree must be submitted, along with the evidence establishing that the marriage was entered in good faith.
Cases of Extreme Hardship
If you are filing an Application to Remove Condition based on extreme hardship, you must submit evidence to prove you would experience extreme hardship without maintaining your legal status in the United States. The evidence must be compelling, and it is advised that you speak with an immigration lawyer who is familiar with the types of evidence that will be accepted.
How Long Will It Take?
The process has a lengthy waiting time, typically from 12 to 18 months. A correctly prepared case will move more quickly through the system, as there is less risk that the immigration authorities will request additional supporting evidence or other information, although this could occur with any application.
An Immigration Attorney You Can Trust: Aratta Law Firm
Your legal status in the U.S. is of ultimate importance. If your status was based on a marriage that ended in divorce, or your spouse passed away, our immigration lawyer can assist you to file an Application to Remove Condition. We are experienced, dedicated, and very familiar with the immigration processes and requirements.
Contact our Glendale immigration lawyer at Aratta Law Firm at (818) 550-1111 for assistance filing an Application to Remove Condition. We strive to protect your rights to live and work in the United States.