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I-751 Petitions: Guide to Removal of Conditions from a Conditional Permanent Residence Status

I-751 Petitions: Guide to Removal of Conditions from a Conditional Permanent Residence Status

Attorneys in the United States, especially Bronx immigration attorneys, help immigrants with their Visa applications and Petitions to upgrade their permanent residence status.

Under the United States (US) immigration laws, entry into the United States (US) with Visas granted based on Marital Status (with a US citizen) may fall under either one of two categories of residency status depending on the length of the marriage; Conditional Resident Visas – CR-1 or Immediate Relative Visas – IR-1.

The CR-1 visas are granted to persons married for less than two (2) years, while the IR-1 visas are granted to persons married for more than two (2) years. Each of these categories of residency status has its implication under the US immigration law.

While holders of IR-1 visas are granted full residency status for ten (10) years before a need to engage the services of an immigration attorney Bronx to renew the same, holders of CR-1 visas are granted residency status on a conditional basis for two (2) years.

To receive an updated residency status for ten (10) years, a holder of a CR-1 visa has to apply for the removal of the conditions on the residency status after the expiration of the initial two (2) years grant. This process could be quite arduous and hazy.

Therefore, this blog is targeted towards providing a terse guide in this respect, showcasing how instrumental the role of an immigration attorney is in the process, with as little as a free consultation.

What are I-751 Petitions?

These are petitions submitted, using form I-751, by holders of CR-1 visas to remove the conditions on their permanent residency status and to obtain an updated full permanent residency status for ten (ten) years.

Persons Who May File I-751 Petition

It is glaring that all CR-1 visa holders may file an I-751 Petition to remove the conditions on their residence status. Specifically, persons who may file an I-751 Petition are:

  1.     Persons entering the US who are married for less than two (2) years to a US citizen and
  2.     Dependents of (1) above, who also acquired the CR-1 visa.

Mode of Filing an I-751 Petition

Joint Petitions

Generally, under US immigration laws, an I-751 petition has to be filed by the couple jointly. In the case where both (1) and (2) above acquire the conditional residence status on the same day, a joint I-751 Petition is filed.

However, where the dependent children did not acquire the CR-1 visa on the same day or the conditional resident parent is deceased, then the I-751 Petition has to be filed separately.

Waivers on Joint Petitions

However, petitioners may be able to file an I-751 petition, either directly or with the aid of an immigration attorney in the Bronx, without a spouse under certain instances, such as:

  1.     Where the petitioner’s spouse is deceased after entering the marriage in good faith;
  2.     Cases of divorce or annulment of a marriage entered in good faith;
  3.     Petitioners battered or subject to extreme cruelty by their spouses after entering the marriage in good faith;
  4.     Dependents battered or subject to extreme cruelty by either their CR-1 parent or US citizen parent after the CR-1 parent entered the marriage in good faith or
  5.     Where extreme hardship will be occasioned by the petitioner’s losing the residence status and being deported from the US.

It is relevant to note that when filing an I-751 petition, either personally or with the aid of a Bronx immigration attorney, it is imperative to include additional evidence to form I-751 to demonstrate that the marriage was in good faith and other necessary factors that may be taken into consideration in deciding whether to remove the conditions.

The Consequence of Failure to File an I-751 Petition

The I-751 Petitions are necessary because the permanent residence status vested by the grant of CR-1 visas is not renewable. Upon the expiration of the two (2) years granted, holders of CR-1 visas risk losing their permanent residence status and asked to leave the US if their status is not regularized (via the I-751 Petitions) within the ninety (90) days window before the expiration of the CR-1 visas.

Late filing of an I-751 Petition

As stated earlier, the I-751 petition must be filed by the petitioner (s), either directly or with the help of a Bronx immigration attorney, within the 90-day window.

However, the I-751 Petition may still be filed after the 90 days window upon showing good cause for such failure (such as medical emergency, etc.) to the appropriate service center director, who can approve the same.

Can an I-751 Petition be Filed from Outside the US

Petitioner(s) can file an I-751 Petition before the USCIS even when outside the US when filing the I-751 Petition. However, such petitioner (s) has to return to the US with their spouse and children (if any) so they can attend any necessary scheduled interview before the USCIS decides.

This interview shows that there are eligible bases for removing the conditions on the immigration status of the petitioner (s).

I-751 Petition Denied: Why?

There are many reasons why the USCIS may deny an I-751 Petition. It is relevant to understand the reasons for rejecting an I-751 petition, as this will aid the petitioner(s) in presenting a formidable I-751 petition. The frequent reasons for such denial include:

  1.     Absence of evidence or insufficient evidence of marriage in good faith;
  2.     I-751 Petitions filed outside the 90-day window (either too early or too late), subject to the exceptional circumstance mentioned earlier;
  3.     USCIS discovers the petitioner (s) past criminal activity;
  4.     Failure to attend a USCIS scheduled interview; and
  5.     USCIS views the petitioner (s) marriage as fraudulent, etc.

Petitioner(s) can avoid these pitfalls by working closely with an immigration attorney in the Bronx. Consult and schedule a free consultation with a highly qualified law office with ample years of experience in immigration law. 

Gehi & Associates is Here for YOU

Do you need help with filing an I-751 Petition? Or are you anxious and unsure about how to commence and proceed with the process for removal of conditions on your immigration status? You can contact Gehi & Associates, an experienced immigration law firm of over twenty years with a proven track record of consistent results.

We understand that the I-751 Petition process could be quite daunting and complex, but with the help of our skilled and experienced immigration attorneys, the process will be much easier. Contact us today and schedule a free consultation HERE.

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