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FORM 751, REMOVAL OF CONDITIONS ON RESIDENCE

This petition is for conditional residents who obtained their Lawful Permanent Resident status through their marriage.

In order to remove conditions on your residence, you must file this petition jointly with your current spouse. You must also prove that your marriage was bona fide and legitimate through documentation (e.g. anniversary pictures and receipts, letters, shared financial accounts, gifts, etc.). The more documentation, the better.

Because green card marriages have one of the highest fraud rates, any red flags that might arise in a case will make it much more difficult to be built and approved. Here at Tsang & Associates, we will guide you through the entire process and create a file that will help to prove the validity of your marriage.

At Tsang & Associates, we have a long history of helping thousands of clients successfully file for the I-130 and will help our clients complete that process from beginning to end.

 

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LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

Our base fee for a standard I-751 case is $1,500, not including government fees and third-party expenses. We are happy to customize a proposal for yours during a consultation. Please see below for more information.

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CASE PROCESSING OVERVIEW

Step 1: Strategy Session for I-751 Application

This is the most crucial step for your entire I-751 Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit I-751 to USCIS and Answer Potential Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

Our attorneys will craft your I-751 case arguments and complete all forms, package supporting documents, and assemble the crafted arguments into the proper application format.

Step 3: USCIS will require that you submit Biometrics to apply for this process

Once your I-751 application is filed, you will have to attend a biometrics appointment that will allow USCIS to conduct a background check and verify your identity. The appointment for the biometric service will be scheduled six (6) months after the application is submitted. Our team will guide you through this process.

Step 4: Prepare the client for Interview with USCIS

We will help guide you in your preparation for the interview with the USCIS by simulating the interview and ensure you are well versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview. You can attend the interview by yourself or inquire about our attorney appearance service at an additional cost.

    Step 5: Responding to Additional USCIS Requests / Administrative Processing / Status Checks / Fraud Alerts

    If additional documents/evidence are needed upon the submission of the case or after the interview, our office will ensure that all necessary documents are submitted to the USCIS office in a timely manner. We will assist the client to the best of our ability until the case gets approved or the client no longer wants to continue moving forward with the case.

    Step 6: Approval is Only The Beginning

    Our services do not end when you receive the I-751 application approval, as this step is just the beginning. To help accommodate this reality, we provide guidance over:

        • N-400 Naturalization Applications
        • Family Member Petitions
        • and more!
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    ADDITIONAL RESOURCES

    Eligibility for Form I-751

    • You can file a Form I-751 if you:

      • Are still married to the same U.S. citizen or permanent resident 2 years after you were first granted conditional residency. You are also permitted to include your children if they were granted conditional residency within a 90 day period that you received this status

      • Are a child and you cannot be included on your parent’s application

      • Entered marriage with a U.S. citizen or permanent resident in good faith; however, the marriage was terminated either through a legal divorce or an annulment

      • Are a widow(er) who was in a good faith marriage to a U.S. citizen or permanent resident

      • Entered marriage with a U.S. citizen or permanent resident in good faith; however, you or your child(ren) were abused or suffered severe adversity as a result of your spouse

    Filing Fee

    The updated filing fee for form I-751 can be found here. All Form I-751 petitions also require an $85 biometric service fee for each person applying to remove conditions on their residence on the same form. You may pay the fee with a money order, personal check, or cashier’s check.  When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments. 

    When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. 

    If you are filing a joint petition, did you provide the following?

    • Copies of the front and back of your Permanent Resident Card 
    • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
    • Evidence of the relationship
      • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date. 
    • An explanation for reason you are filing late (if applicable)
    • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
    • Dispositions on criminal charges, arrests, or convictions (if applicable)
    • If you are filing from overseas:
      • Two passport-style photographs for each petitioner and dependent, regardless of age
      • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age 
      • A copy of current military or government orders if filing based on military or government service 

    If you are filing an individual request because of the death of the petitioning spouse, did you provide the following?

    • Copies of the front and back of your Permanent Resident Card 
    • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
    • Evidence of the relationship
      • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date. 
    • Your spouse’s death certificate 
    • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
    • Dispositions on criminal charges, arrests, or convictions (if applicable)
    • If you are filing from overseas:
      • Two passport-style photographs for each petitioner and dependent, regardless of age
      • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age 
      • A copy of current military or government orders if filing based on military or government service 

    If you are filing a waiver of the joint filing requirement due to a termination of marriage other than through death of the petitioning spouse, did you provide the following?

    • Copies of the front and back of your Permanent Resident Card 
    • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
    • Evidence of the relationship
      • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date. 
    • Your final divorce or annulment decree
    • Evidence demonstrating any circumstances surrounding the end of the relationship.
    • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
    • Dispositions on criminal charges, arrests, or convictions (if applicable)
    • If you are filing from overseas:
      • Two passport-style photographs for each petitioner and dependent, regardless of age
      • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age 
      • A copy of current military or government orders if filing based on military or government service 

    If you are filing a waiver of the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty, did you provide the following?

    NOTE: With respect to abuse waivers, you may file your form with any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given is within the sole discretion of USCIS.

    • Copies of the front and back of your Permanent Resident Card 
    • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
    • Evidence of the relationship
      • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date. 
    • Evidence of abuse
    • Your final divorce or annulment decree if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty
    • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
    • Dispositions on criminal charges, arrests, or convictions (if applicable)
    • If you are filing from overseas:
      • Two passport-style photographs for each petitioner and dependent, regardless of age
      • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age 
      • A copy of current military or government orders if filing based on military or government service 

    If you are filing a waiver of the joint filing requirement because the termination of your status and removal would result in extreme hardship, did you provide the following?

    • Copies of the front and back of your Permanent Resident Card 
    • Two passport-style photographs for each petitioner and dependent, regardless of age
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age 
    • A copy of current military or government orders if filing based on military or government service 
    • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
    • Evidence of extreme hardship
    • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
    • Dispositions on criminal charges, arrests, or convictions (if applicable)
    • If you are filing from overseas:
      • Two passport-style photographs for each petitioner and dependent, regardless of age
      • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age 
      • A copy of current military or government orders if filing based on military or government service 
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    SAMPLE & TEMPLATES

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    Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-751 petition.

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    Cover Letter: [coming soon] We will also provide a cover letter sample for the I-751 petition.

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    Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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    Forms: Here is a list of the forms that are needed by USCIS

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    Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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    USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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    USCIS Mailing Address: This address is where it is mailed to USCIS.

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    USCIS Processing Timetable: This will help you figure out how long it will take to process.

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    ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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    FREQUENTLY ASKED QUESTIONS

    What is the processing time for I-751?

    As with any USCIS petition or application, processing times for Form I-751 vary depending on the nature of the case. The number of applications and petitions that have been received by USCIS will affect processing times, as will the accuracy of the information and the amount of evidence you provided with your petition. Typically, however, the processing time for this form is between 5 and 12 months.

    Once your petition has been reviewed, you will be contacted by USCIS for an interview, if necessary. If you filed your petition jointly and provided strong evidence that your marriage is in good faith, the interview may be waived.

    If your petition is approved, USCIS will remove the conditions on your residence and you will become a lawful permanent resident of the U.S.

    When should Form I-751 be filed?

    A conditional residency status usually only lasts for two years. Towards the end of the two-year period, you may need to file a Form I-751, the Petition to Remove Conditions of Residence, to request that USCIS remove the conditions on your residency so that you can become a permanent resident. If you do not file the form in a timely manner to remove the conditions on your residency and finalize your status as a permanent resident, you may risk deportation.

    What happens if I do not file Form I-751 within 90 days of my green card expiration date?

    If Form I-751, Petition to Remove Conditions on Residence, is not filed before your green card expires, you can automatically lose your permanent resident status. Without a valid immigration status, immigration enforcement has the authority to remove you from the United States.

    However, if you fail to file through no fault of your own, you may file late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate certain criteria. When you submit the petition, you must also show that the delay was due to extraordinary circumstances beyond your control and the length of the delay was reasonable. If you do have a compelling reason to file late, you should respond immediately. 

    Again, there is an exception if you are applying for a waiver of the joint filing requirement. You may file Form I-751 at any time after you are granted conditional permanent residence and before you are removed from the United States.

    Can I use Form I-751 to remove conditions on residence for my children?

    If your dependent children acquired conditional permanent resident status on the same day as you or within 90 days thereafter, simply include their names and information in the same Form I-751 that you are filing for yourself. Be sure to include the additional filing fee and supporting documents.

    However, if your dependent children acquired conditional resident status more than 90 days after you or the parent is now deceased, use a separate Form I-751 to remove the conditions.

    Why is it only good for two years?

    When a green card is obtained based on marriage to a U.S. citizen, initially the permanent resident status is valid for two years. The conditional green card expires after two years.

    The conditional residency is like a probation period. During the two years, the couple builds a record of their married relationship together. At the end of that period the couple files Form I-751, Petition to Remove Conditions on Residence, in addition to evidence of their bona fide marriage.

    The conditional two-year period is in place to help prevent marriage fraud. Therefore, couples should take the filing process very seriously as it’s more than just filing a form. The couple must prove their good faith marriage. Upon approval of the I-751 petition, the permanent resident (along with any children that filed on the same petition) will become lawful permanent residents with 10-year green cards.

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    SCHEDULE A SESSION

    Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

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