Removal of Conditions I-751

Portland Removal of Conditions Attorney

Remove Conditions from Your Marriage Green Card

Offices in Medford & the Portland Area

Many immigrants obtain green cards through marriage to a U.S. citizen or lawful permanent resident. United States Citizenship and Immigration Services (USCIS) heavily scrutinizes these unions to detect instances of marriage fraud. When a green card is issued for a marriage that is less than two years old, the visa will be “conditional,” meaning it expires after two years instead of the usual ten.

Lawful permanent residents will need to “remove conditions” from their marriage green card to avoid serious consequences. At Sarpa Law, we can serve as your guide and advocate throughout each step of this process. Our Portland removal of conditions lawyer can help you prepare Form I-751 and represent you in all communications with USCIS. Our attorney has over 15 years of legal experience and is committed to helping married couples build their lives in the United States.

Why You Must Remove Conditions from Your Marriage Green Card

USCIS aggressively monitors and inspects newer marriages for signs of fraud. The agency hopes to prevent scenarios where two individuals marry exclusively for purposes of facilitating immigration benefits. This constitutes an inauthentic and fraudulent marriage in the eyes of the U.S. government.

If you have a marriage green card, you will have already had to prove the legitimacy of your marriage. This likely included extensive documentation demonstrating that you and your spouse share a life together. You also most likely had to participate in an in-person interview in which a USCIS agent asked questions about your application materials.

If you have been married for fewer than two years at the time you received your green card, you will need to again prove the authenticity of your marriage to USCIS in order to “remove conditions.” Failure to complete this crucial step can result in serious consequences.

You will be unable to renew your marriage green card without removing conditions. If your green card expires and you remain in the United States, you will begin accruing “unlawful presence.” If you accumulate too much unlawful presence, you may be ruled “inadmissible” and barred from reentering the country. You will also likely be targeted for removal once USCIS realizes you overstayed your visa.

To avoid this outcome, you must remove conditions at the appropriate time. Our Portland removal of conditions lawyer can assist you with this process.

If you are confused about how to remove conditions from your marriage green card, do not wait to contact either or Portland office at (541) 262-6677 or our Medford office at (503) 755-5587. We offer our legal services in English and Spanish.

Using Form I-751 to Remove Conditions from a Marriage Green Card

Unfortunately, you cannot remove conditions whenever you please. You can only file Form I-751 – the Petition to Remove Conditions on Residence – in the 90-day window before your marriage green card is set to expire. You must be sure to file on time: If you file too early, your petition will be rejected. If you file too late, you will have overstayed your visa. There is an exception, whereby your application can be filed early at any time after your conditional green card is approved. This exception allows you to file alone and file early because your US citizen spouse is deceased, you are divorced, or you and/or your conditional resident child were battered or subject to extreme cruelty.

In most circumstances, Form I-751 should be filed jointly with your U.S. citizen or lawful permanent resident spouse. You may be able to file alone in certain situations, like those described above, again including in scenarios where your spouse has passed away or if you suffered abuse at the hands of your spouse.

Do not worry about your green card expiring once you have submitted Form I-751. Upon receiving your petition, USCIS will send a receipt that extends your green card’s validity for up to 18 months.

To reinforce the authenticity of your marriage, you will need to provide supporting documentation with Form I-751. This evidence should be different than the documents you submitted with your original green card petition. Ideally, you should include newer documents that illustrate the life you have shared over the preceding two years. This might include photos from a recent trip, a birth or adoption certificate for a new child, or documentation of newer financial investments made as a married couple.

You might also need to participate in another in-person interview with a USCIS agent. This interview will be similar to the one conducted as part of the green card petitioning process. The officer will ask questions about your I-751 petition and any evidence you included with your application.

Once your petition has been granted, you will “remove conditions” and receive a non-conditional green card. This green card expires after ten years and can be renewed more easily (and indefinitely). Note that if you are hoping to naturalize and become a U.S. citizen, time spent under a conditional green card does count toward your mandatory waiting period.

Our team at Sarpa Law and can assist you with all elements of your I-751 petition. Our Portland removal of conditions lawyer understands what USCIS looks for when evaluating the authenticity of newer marriages and can leverage that knowledge to benefit your case. We are committed to helping you efficiently remove conditions and can provide the support and guidance you need to succeed.

Schedule an initial consultation to learn more about removing conditions from marriage green cards. Call our Medford office at (503) 755-5587, our Portland office at (541) 262-6677, or contact us online to get started!

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