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What is I-751?
When a green card holder obtains his green card through marriage but was married to his spouse for less than two years at the time the green card was approved, the green card will be conditional, not permanent. This conditional residence will expire two years after the date of issuance. This status is conditional because the applicant must prove to USCIS that the marriage was not entered solely for the purpose of obtaining an immigration benefit. To remove this conditional status, both the green card holder and his or her spouse, must file Form I-751, Petition to Remove Conditions on Residence, within 90 days of the expiration of the conditional green card.
Read further to learn how an I-751 lawyer can help you.
What is an I-751 Lawyer?
An I-751 lawyer is a lawyer who specializes in Immigration law, and specifically marriage cases and I-751 cases. The I-751, along with the N400, is the immigration case where USCIS officers search the hardest to detect and prosecute immigration fraud. Marriage fraud is called 204(C) in immigration law. If you or your spouse are accused of committing 204(C) or marriage fraud, the you face prison time, heavy fines, potential deportation and a ban from ever becoming a lawful permanent resident in the future, even from a real marriage or even a child. An experienced I-751 attorney is able to help you avoid the pitfalls and traps that are laid out in the I-751 process by filing the case with the proper documentation and adequate preparation. Your Miami I-751 Attorney will help you with the complicated process of filing the I-751 Form and evidence will provide you with the needed guidance and advice to succeed in this process. The I-751 is a very delayed process, sometimes lasting up to 2.5 or 3 years (or more). Your I-751 attorney can help you follow up during the process to know if your case is within normal processing times or you should file an inquiry, or your citizenship, to accelerate the process.
I-751 Waiver Types
Aside from a joint filing for a continued marriage (with a couple who lives together), there are three “waiver” of the joint-filing requirement cases: for divorce, abuse and extreme hardship.
The couple is married, still lives together, and has an ongoing romantic relationship. It is not enough only to have not yet divorced, it must be an ongoing relationship that is working.
I-751 Divorce Waiver
The divorce must be final. Speak to your I-751 attorney about whether to file as divorced if your divorce has been filed but is not yet finalized at the time you must mail out your case.
I-751 Abuse Waiver
Extreme cruelty or battery by your USC or LPR spouse. If you do not have physical evidence from law enforcement, your I-751 attorney can help guide you to other evidence you can gather, including sworn statements and a psychologist report.
I-751 Extreme Hardship Waiver
evidence that shows you would suffer extreme hardship if you were deported back to your home country. Although technically you do not have to show a good-faith real marriage for this option, it is the most difficult to prove. You must show that political or economic changes have arisen in your country since the time you became a conditional resident that would cause you extreme hardship if you were to return.
What is the process of Removing the Conditions on your Green Card with an I-751 Attorney?
1. Hire a skilled lawyer
The first step is to find the right lawyer. The best option is to search for Immigration lawyers near you who have positive reviews on various platforms online, and then schedule a consultation to speak with that lawyer. Immigration Lawyers specialized on the I-751 are NOT all the same, and even if they say they are offering the same service, the quality of what you get at the “cheapest” law firm will not be the same as what you can get at an experienced Immigration lawyer’s office, who also has positive reviews by previous clients and has achieved results in cases like yours. Spend some time researching, and once you have found the Immigration lawyer with the best reviews who has the experience to help you with your case, schedule a consultation with them. Most Immigration lawyers charge a fee for the consultation, but can apply this fee towards your case.
2. Bring correct paperwork to your I-751 Attorney
Once you hire your I-751 Immigration Lawyer, he or she will send you a questionnaire to fill out and a checklist of evidence that they need you to gather to send them. In some cases, you may need a sworn statement with your spouse, which must be prepared by a skilled Immigration Lawyer specialized on the I-751. Your Miami Immigration Lawyer specialized on the I-751 will give you a date to bring this evidence or send it back to him or her, and keep in mind that you MUST file before the expiration of your conditional green card!
3. Review the I-751 Form with your Lawyer before she files your I-751 Package
Your lawyer will send you the I-751 forms to review for accuracy. Make sure you check your biographical information is all correct, and then sign the forms for your lawyer to compile and mail out your package. It must be filed within 90 days of the expiration of your temporary residence.
File Form I-751, Petition to Remove Conditions on Residence, within 90 days of the expiration of permanent residence. Although it is possible to file the case after the 90 days, you must prove additional factors and it is not advisable to file late.
4. Attend interview if required.
Most I-751 cases receive a USCIS interview, but not all. It depends on the family relationship, the evidence mailed in the I-751 package, and the politics of the Presidential Administration. Your Miami I-751 Attorney will prepare you for the interview and attend it with you, if you are scheduled. It is important that you adequately prepare for this interview, as this is where the most couples are accused of immigration fraud – if they fail to do well on this interview! Your I-751 attorney will send you sample marriage interview questions to help you prepare ahead of time and be confident instead of nervous at your interview. Further, their presence will help you avoid some level of mistreatment at the interview.
5. Wait on a decision on your case.
As stated above, these cases can take up to 3 years for a decision. You will receive an extension of your current green card with the receipt notice, which extends your green card by 18 months. You may get another extension after that. If you need to travel beyond the 18 months, it is recommended that you get your passport stamped at an InfoPass appointment. Make sure you stay in touch with your I-751 Attorney and check that your case has not gone outside of normal processing times. If it has, your I-751 Lawyer can file a USCIS claim. Alternatively, you may be able to accelerate a decision on your I-751 case if you file an N-400 for your citizenship.
How can an Immigration Lawyer specialized on the I-751 help?
An I-751 lawyer will help you through the complicated process of filing Form I-751, petition to Remove Conditions on Residence, and be prepared for your interview to avoid an accusation of marriage fraud. Whether you are filing a joint petition or you need to file for a waiver, we will take the burden off your shoulders of trying to navigate through all of the forms and red tape involved in the process.
It never hurts to consult with an attorney about your particular situation to make sure there are no landmines that await you in the process. Most immigration attorneys will give you 30 minutes to an hour of their time for a small consultation fee. In exchange, you should leave the office with more knowledge about the process, knowledge about potential problems that may not have known about, and with guidance on how you should proceed. It is always best to hire a lawyer experienced in your case if you can afford it. Here at Immigration Lawyers USA, we provide you with as much helpful information as we can so you can make the best decision whether to retain us, and we treat you like family if you hire us to handle your case.
Hire the Top I-751 Immigration Lawyers in Miami, Florida!
Now that you know why having an experienced Immigration attorney specialized in the I-751 is necessary, it’s time to hire one at Immigration Lawyers USA! We have some of the best Immigration lawyers in Miami, Florida and in the United States. We're highly experienced in I-751 process and will fight hard to make your case as strong as possible with our close attention to detail and our over 10 years of experience. If you're looking for a firm with great reviews that can guide you through the process, give Immigration Lawyers USA a call at 305-501-0783!
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