Conditional residence is a status that applies in U.S. immigration law when someone becomes a lawful permanent resident (green card holder) through marriage to a U.S. citizen or lawful permanent resident, but the marriage is still relatively new. Specifically, you will be granted conditional residence if your marriage occurred less than 2 years prior to the date of your application being approved. After a certain period has passed, you have the right to petition to get your conditions removed. At J. Sparks Law, PLLC, we have extensive experience with removal of conditions cases. Our firm can help you navigate all aspects of the I-751 process, even if you are dealing with a complicated issue like a divorce. Here, our Austin, San Marcos, Round Rock, and Georgetown removal of conditions attorneys provide a comprehensive guide to getting conditions removed.
Six Steps to Take to Get Conditions on Residency Removed in Central Texas
- Confirm Eligibility to File to Get Conditions on Residency Removed
If you received conditional permanent residence through marriage, your green card expires in two years. You must take action to remove the conditions before it expires. Before petitioning to get your conditions on residency removed, you need to confirm your eligibility. Indeed, one of the first major steps in the process is confirming eligibility to file Form I-751 and when to file. Generally, if you are still married, this application is filed jointly with your spouse. Filling should happen no more than 90 days before the expiration of your conditional residency but should be done before the residency expires. If you are divorced, widowed, or facing abuse, you may qualify to file a waiver and file independently from your spouse. Filing can happen more than 90 days before the expiration of your conditional residency and should be done before the residency expires.
- Prepare Form I-751 (Petition to Remove Conditions on Residence)
The form that you need to complete for this immigration action is called the I-751, Petition to Remove Conditions on Residence. It is available through United States Citizenship and Immigration Services (USCIS) website. You must complete it fully and accurately, including all questions about your marriage, residence, and immigration history. To be clear, errors or omissions can cause processing delays or rejections. For this reason, many applicants work with an experienced immigration attorney who can review the form before its filing. Submitting a complete and correct petition is the foundation of a successful case.
- Gather Supporting Evidence of a Bona Fide Marriage
You will have to prove that your marriage is real and legitimate to get conditions on your residency removed. USCIS must be convinced your marriage was entered into in good faith and not solely for immigration purposes. Evidence is critical. Collect joint tax returns, bank statements, leases, mortgages, insurance policies, and utility bills. You may also want to add photos of your life together, affidavits from friends and family, and records showing joint responsibilities or children. The more consistent and detailed the evidence, the stronger your case becomes. Organized documentation can make the difference between an approval and a denial.
- Submit Your Petition Within the 90-Day Filing Window
Immigration law in the U.S. is often subject to strict deadlines. Filing a petition to get conditions on residency removed is no exception. You must file Form I-751 during the 90-day window before your conditional green card expires. To be clear, filing too early will result in rejection as a matter of law. Along the same lines, filing late, without a valid explanation, risks losing your status. You should be sure to mark the expiration date on your calendar and track the 90-day period. A timely filing not only protects your status but also demonstrates to USCIS that you take compliance seriously. Getting the timing right is an easy thing that you can do to increase your chances of approval.
- Attend Your Biometrics Appointment (Required)
After USCIS accepts your petition, you will receive a notice for biometrics. Among other things, the appointment involves fingerprinting, photographs, and background checks. Do not miss this appointment. Failing to attend can stall or derail your application. You should come to the biometrics appointment fully prepared. Along with other things, you should bring your appointment notice, green card, and identification. The process is usually quick. Still, it is a vital step toward final approval.
- Respond to USCIS Requests and Attend Interview (If Scheduled)
USCIS may issue a Request for Evidence (RFE) if they need more proof of your marriage. That does not happen in every case, but it is not uncommon either. If you do receive such a request, be sure to respond completely and within the stated deadline. Some applicants are also scheduled for an interview at their local USCIS Field Office. If that happens, prepare with your Central Texas immigration attorney, bring updated documents, and be ready to answer questions about your relationship. You should treat the interview as your chance to show the officer the reality of your marriage. Your full cooperation at this stage can secure final approval of your ten-year green card.
How Our Immigration Attorneys Can Help With Removal of Conditions
Are you getting ready to remove conditions on your residency in the United States? The immigration law team at J. Sparks Law, PLLC is more than ready to help. Our Austin, San Marcos, Round Rock, and Georgetown immigration attorneys help couples and individuals navigate the complex process of removing conditions on residence. Among other things, we are prepared to guide you through completion and filing of Form I-751. Our legal team will ensure that all deadlines are met and supporting documents are included. We can help you and your spouse gather strong evidence to prove your marriage was entered into in good faith, such as financial records, joint leases, and affidavits. Further, if you are in a complicated case (divorce, abuse, or other hardships), we can help you pursue a waiver without your spouse. Your initial consultation with our Austin, TX immigration attorney is strictly confidential and carries no additional obligations.
Call Our Austin, San Marcos, Round Rock, and Georgetown removal of conditions attorney Today
At J. Sparks Law, PLLC, our Austin, San Marcos, Round Rock, and Georgetown removal of conditions attorneys have the skills and experience to help clients navigate the removal of conditions. If you have any questions about removing conditions, please do not hesitate to contact us for your fully private, no obligation case review. Your rights matter. We provide immigration law representation in Williamson County, Hays County, and throughout Travis County and all of the Greater Austin metropolitan area.