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Removal of Conditions of Conditional Residency

Immigration Lawyer: Legal Assistance with Removal of Conditions on Residence

When you obtain conditional resident status, the USCIS will notify you of your conditional status and the requirements for removal of the conditions. They do not send a second reminder. Within 90 days before the second anniversary of the date you obtained conditional resident status, you and your spouse(if you are still married) must file a form I-751, Petition to Remove the Conditions on Residence. Failure to do so will result in the loss of your resident status.

A knowledgeable immigration lawyer with the Patel Law Group can assist you with your petition and all your immigration matters. We have nearly 20 years of experience in a wide range of immigration cases, and we are well-versed in family-based visas. We hold membership in the AILA and the Federal Bar Association. We provide full disclosure and a total breakdown of our legal fees, so you will know exactly what you are being charged for. We employ advanced technological improvements to ensure that we have the correct information to help us efficiently handle your case.

Filing for a Waiver to File the Joint I-751 Petition

The conditional permanent resident, acting alone, may apply for a waiver of the requirement to file the joint I-751 petition, at any time before, during, or after the 90 day filing window,

if the joint petition cannot be filed because:

  • The marriage was terminated through annulment, divorce, or death of the petitioning spouse;
  • The petitioning spouse refuses to join in filing the petition;
  • A conditional resident child is unable to be included in the joint petition of the child's parent;
  • The conditional resident is unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent; or
  • Any other reason stated in the Act.

If the petition for removal of conditions is approved, the foreign national is notified, either in person during the personal interview at the district office of the USCIS, or by letter. In case of approval, the foreign national is either processed or instructed on how to be processed for a new green card. If the petition or waiver application is denied, there is no appeal. The foreign national will be placed in removal proceedings, where the petition or application may be renewed before the immigration judge.

Contact our firm today for an immigration attorney with experience, commitment, and a high success rate.