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Chicago Removal of Conditions I-751 Attorney

Chicago Removal of Conditions I-751 Attorney

Sverdloff Law Group

Removal of Conditions I-751

Immigration law can be extremely complex and may require the advice of an attorney. A Chicago immigration law attorney can help those who currently hold a conditional green card and need to file a petition for a 10-year green card.

Those immigrants who have been granted permanent resident status through marriage likely received a CR1 green card. This Green Card is conditional and issued to those persons who have been married for less than two years. This two-year period allows holders of a conditional green card and the spouse to build a record showing that they are in a bona fide marriage. It prevents immigrants from committing marriage fraud to obtain permanent residency. While the green card and resident status are “conditional,” those holding this category of green card are still afforded the same rights as other lawful permanent residents to live and work in the country.

If you are the holder of a CR1 green card, you must file Form I-751 before the conditional green card expires. This form is known as a Petition to Remove Conditions on Residence, and failing to file it on time could result in the initiation of removal proceedings against you. Filing Form I-751 is considered timely when it is filed 90 days before the date your conditional green card expires. You may be able to file a late petition if you can show “good cause and extenuating circumstances” which caused your late filing.

Steps for Filing Form I-751 and Removing Conditions and Conditional Permanent Residence

You and your spouse will be required to jointly file Form I-751 within 90 days before the two-year anniversary of your permanent resident status. The joint filing requirement may be waived for those residents who cannot file jointly. A waiver may be granted where the spouse is deceased, you are divorced, or you and/or your child were subject to abuse or extreme cruelty.

Additionally, your dependent children who acquired the permanent resident status on the same day as you or within 90 days after the date at which you did may be included on the same petition. Those who acquired such status 90 days after you must file a separate petition.

You will be required to submit proof your marriage is bona fide, which can include:

  • Marriage certificate
  • Financial records that show joint assets and liabilities
  • Photographs through the years showing you and your spouse as a married couple
  • Birth certificates of those children born to the marriage

Your proof submitted should start from the time you were granted conditional residency through the time at which you are filing the petition, unless the marriage has ended. In that case, you should provide proof of the circumstances under which the marriage ended.

Call an Immigration Lawyer for Help with Removal of Conditions I-751

If the 90-day period during which you are required to file a Form I-751 is approaching, it is important to begin completing the petition and gathering documents showing proof of your bona fide marriage. If the 90-day period has passed, you must show that it is through no fault of your own. Sverdloff Law Group has handled an extensive number of Chicago immigration law cases and can guide you through the process to remove conditions on your conditional green card. Contact us to schedule a consultation and found out how Sverdloff Law Group can help you.

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