If you obtained conditional U.S. residency through a marriage to a U.S. citizen, and that marriage is less than two years old, you will need to submit a Form I-751 to the United States Citizenship and Immigration Services (USCIS) in order to convert the residency status to permanent. Otherwise, once the conditional green card expires after two years, the immigrating spouse's residency status will become invalid and he or she may be deported. Filing for permanent residency can be a complex and confusing process, and with so much at stake, it is crucial that couples seek the legal guidance of an experienced immigration lawyer. Ensuring that your I-751 Marriage visa petition is successful requires specific documents and proof that the marriage is not simply an attempt to evade immigration laws. At The Immigration Law Office of Los Angeles, P.C., our attorneys are dedicated to helping married couples including same-sex couples throughout the process of obtaining permanent residency in the U.S. Call (949) 296-7660 to discuss the best course of action for your circumstances, including a document review.
Eligibility for Submitting Form I-751
The USCIS grants immigrating spouses, who have been married to a U.S. citizen less than two years, a two-year visa in order to deter immigrants from taking advantage of the supposed "fast track" to permanent residency through marriage. During the last 90 days of this conditional residence period, the married couple must submit a Petition to Remove the Conditions on Residence, with various important documents that provide evidence of a legitimate marital relationship.
To remove the conditional status, you must meet the following requirements:
● You were granted conditional residence status through marriage to a U.S. citizen
● There are 90 days or less remaining until your conditional status expires
● You have evidence that the marriage was entered in good faith, such as records of joint bank accounts, birth certificates for children born to the marriage, lease or mortgage contracts, or joint tax returns
● If you are unable to file jointly with your spouse due to divorce, annulment, or death, you may request a waiver and provide evidence of your current marital situation
Failing to properly file Form I-751 can turn a family's life upside down in the event that one or more members are deported. Keep your family together with the help of an experienced Immigration Attorney.
Protecting Your Future
Adjusting a residency status in the U.S. can be stressful and overwhelming, but it is essential to take action and prevent the situation from becoming even more complicated by having to fight deportation. If you or your spouse is a foreign citizen hoping to secure permanent residency, please contact The Law Offices of Azhang & Associates Inc., to have a knowledgeable immigration lawyer on your side. Our attorneys will provide one-on-one legal guidance to ensure that you and your family understand your rights and achieve success. Contact us online or by phone at (949) 296-7660 to schedule a consultation and document evaluation.