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Did you know that your permanent U.S. resident status is considered conditional if it was based on a marriage of less than 2 years at the time residency was granted? U.S. immigration law was set up this way to protect against immigrants who married solely to evade immigration laws. Fortunately, the conditional nature of your resident status can be removed, and permanent status granted, by filing Form I-751: Petition to Remove Conditions on Residence and by meeting certain removing conditions.

I-751 Removing Conditions and How to File For Removal

There are five I-751 removing conditions. One of the five conditions must be met in order to file for removal using Form I-751:

  1. If you are still married to the U.S. citizen spouse after 2 years, you may file for removal, but spouses must file jointly for the removal.

You may file Form I-751 seeking a waiver from the joint filing requirement under the following grounds:

  1. You are a widow/widower.
  2. You are divorced or the marriage was annulled.
  3. You are a child who cannot be included in your parents’ application.
  4. You are the victim of domestic violence and/or extreme hardship by your U.S. spouse.

You can file Form I-751 at any time after the conditional residency has been granted but before the 2 years expiration of your status.

Filing For Removal Is Not An Option, It Is A Requirement

We want to stress the importance of filing Form I-751. Removing the conditions of your conditional residency is required if you wish to obtain a Green Card. If you do not file Form I-751 before your Conditional Green Card expires, your residency can be revoked and you are at risk of being deported.

Our Orlando immigration attorney recommends filing Form I-751 90 days before the second anniversary of your status as a conditional resident. Failure to do so can result in deportation proceedings being initiated against you.

Contact Our Orlando Immigration Law Office For Assistance Filing Form I-751

If you are in the U.S. under conditional status and your 2-year expiration date is approaching, contact The Law Offices of Gail Seeram Immigration Law Firm for assistance. We can help you file Form I-751 properly and on time. If you have missed your 90-day filing date, we can help present your case to Immigration Services and/or appeal a ruling if your permanent residency has been denied.

Call 1-877-GAIL-LAW or 407-292-7730 to schedule a free consultation.