Termination of Conditional Residency (I-751)

New Jersey Green Card Renewal Lawyer For Conditional Residents

If a non-citizen is married to a U.S. Citizen for less than 2 years at the time of the Immigration (Green Card) interview, the foreign national is granted Conditional Permanent Resident Status (CPR).  After two years, the CPR must file a petition to remove the conditions on form I-751 with USCIS.

This application is to be filed jointly, by both husband and wife or the foreign national may request a waiver of the joint filing requirement if the non-citizen can establish:

1. Removal from the USA would result in extreme hardship;

2. The CPR entered the marriage in good faith, but the marriage was terminated (other than through death); OR

3. The CPR entered the marriage in good faith, but the petitioning spouse or parent battered the CPR spouse or child.

If you are interested in removing the conditions to your green card and converting your two-year conditional green card into permanent residency, contact New Jersey green card lawyer Marc P. Feldman at his Morris County office for assistance at 973-267-7555.

Their must be a final divorce in order to request a waiver.

If not divorced, a removal of conditions application must be filed jointly.  To obtain approval, it must be demonstrated that:

1. The CPR and petitioning spouse (unless deceased) jointly file an 1-751 within the 90 days immediately before the two year anniversary of the date the CPR obtained permanent resident status;

2. The CPR and petitioning spouse (unless deceased) appear for an interview; and

3.USCIS determines the following facts are true:

  1. The marriage was legal where it took place;
  2. The marriage has not been terminated;
  3. The marriage was not entered into for the purpose of procuring permanent resident status; and
  4. No fee (other than to an attorney for filing assistance) was paid for the filing of the underlying 1-130 or 1-129F.

The statute and regulations require approval of the 1-751 petition if the above conditions are met. USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings.

If you are interested in removing the conditions to your green card and converting your two-year conditional green card into permanent residency, contact New Jersey green card lawyer Marc P. Feldman at his Morris County office for assistance at 973-267-7555.

For more see the April 2009 USCIS Memorandum .

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