If you received your green card through marriage to a US Citizen within the first 2 years of your marriage, you will receive a conditional 2-year green card. At the end of the 2-year green card, you must file USCIS Form I-751 Removal of Conditions to receive a 10-year permanent green card. Unfortunately, sometimes marriages end in divorce and the foreign national spouse is left to file USCIS Form I-751 on their own merits. With a divorce, the process can get messy. We have helped many individuals obtain a permanent 10-year green card after divorce and even a Notice of Intent to Terminate.
What is USCIS Form I-751 Removal of Conditions?
USCIS Form I-751 Petition to Remove Conditions on Residence is used by conditional permanent residents who received a green card through marriage to a US citizen to remove conditions and obtain a permanent 10-year green card. This is required if you have a conditional green card in order to obtain your permanent green card.
What is a Notice of Intent to Terminate Residence Status?
A Notice of Intent to Terminate Residence Status is issued by USCIS when they suspect that the qualifying marriage for the green card was improper, or not real. In other words, USCIS suspects that the marriage was entered into purely for immigrant purposes and not for love.
In the case in point, our client had worked with another law firm and was improperly represented in their Form I-751 Removal of Conditions Application. We were retained after the Notice of Intent to Terminate Residence Status was issued. To add to the complicating factors, the former spouse had made claims directly to USCIS that the foreign spouse had entered into the marriage under deceit and fraud. We were able to work with our client to not only address the bonafide nature of the marriage but we were also able to address and overcome the unfounded accusations by the former spouse. We were able to obtain approval for our client and a 10-year permanent green card.
Many people take the removal of conditions process lightly, this can result in requests for additional information, notices of intent to terminate residence status, and even denials. Complicating factors such as divorce and abuse can further complicate the process. You should seek proper legal advice before filing a Form I-751 Removal of Conditions Application with USCIS.
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The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people obtain green cards while on TN visa status inside the United States. Contact us today for a free assessment of your legal situation.