A two-year conditional green card is issued to immigrants who have been married less than 2 years when they obtained permanent residence through a marriage to a U.S. citizen or permanent resident. The purpose of the conditional status is to ensure that the marriage was entered into in good faith and not for the sole purpose of obtaining immigration benefits. These individuals are required to file Form I-751, Petition to Remove Conditions on Residence within 90-days before the expiration of the two-year conditional period to obtain a 10-year green card. Under some limited circumstances, it is possible to file Form I-751 after the expiration of the 2-year conditional period.
Normally, the conditional-resident and their spouse who sponsored the green card file Form I-751 jointly. However, in situations when the couple has divorced or the spouse has died or become abusive, it is possible to file Form I-751 individually, without the sponsoring spouse.
How to File the Application:
1. Prepare the Required Documentation: gather supporting evidence to demonstrate the legitimacy of your marriage, such as joint bank account statements, utility bills in both names, lease agreements, photographs, affidavits etc.
2. Complete the Form I-751: complete the I-751 petition accurately, providing all requested information and documentation. Be honest and thorough in your responses.
3. Submit the Petition: file the completed form along with the supporting documents and the appropriate filing fee to the USCIS service center designated for where you live.
4. Attend Biometrics Appointment: once USCIS receives your petition, you will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature for identity verification purposes.
5. Wait for USCIS Decision/Interview: after completing the biometrics appointment, USCIS will review your petition and supporting evidence. If additional evidence or information is needed, they may request it through a Request for Evidence or schedule an interview for you with an officer from USCIS.
6. Receive Your 10-Year Green Card: if your petition is approved, USCIS will mail you a new permanent resident card (known as a 10-year green card), which is valid for a period of 10 years and can be renewed.
Navigating the I-751 process can be complex and daunting. At Bennett & Harker, our experienced immigration attorneys are here to guide you every step of the way. From preparing your petition to representing you in USCIS interviews, we will work tirelessly to help you achieve your immigration goals. Contact us today to schedule a consultation and take the first step toward securing your permanent resident status.
Please note that the information in this post should not be construed as legal advice.
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