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New York Removal of Conditions Lawyer

Removal of Conditions

If your marriage to a U.S. citizen is not more than two years old at the time of granting the immigrant status, then the marriage results in conditional residence.  Generally, there are two ways a conditional legal permanent resident may “remove conditions”  and obtain a 10-year green card:

  1. If he or she is still married to the U.S. citizen, then the couple may jointly file on Form I-751 and the joint petition generally must be filed within 90 days of the expiration of the two-year conditional permanent resident card; or
  2. If the couple cannot file jointly (because of a breakdown of the marriage, etc), then the noncitizen may file a waiver of the joint filing requirement (filing solo).

Filing Jointly

In a joint petition, the couple must establish that their marriage was not entered into merely for an immigration benefit and that their marriage was valid, and entered into in good faith in which the couple contemplated spending the rest of their life together at the inception of the marriage. This is exemplified by a range of evidence which should be submitted with the I-751.  Such evidence includes but is not limited to birth certificates of children, if applicable or evidence of co-mingling of assets and finances such as: i) joint income tax returns; ii) joint ownership of property; iii) joint bank statements; iv) insurance under the couple’s names; and v) lease showing joint tenancy.  Other evidence may include detailed affidavits from third-parties, a collection of photos, joint credit card or utility bills, travel itineraries and tickets listing the couple’s name, documents listing the spouse as the “emergency contact” of the other, etc.  An interview may, but need not always be required.

Filing Solo (Waiver of Joint Filing)

In a situation where the couple cannot file jointly, then the conditional permanent resident may file a waiver of the joint filing requirement on Form I-751 under one or more of the following grounds either before, during or even after the 90-day requirement:

  • Marriage was entered into in Good Faith But Terminated
  • Extreme hardship if the Alien is Removed
  • Spouse Battered or Subjected to Extreme Cruelty; and/or
  • Death of the U.S. Citizen/LPR spouse.

Deportation Proceedings for Terminated Conditional Residents

If the I-751 petition is denied, the conditional permanent resident is placed in removal (deportation) proceedings.  If you are in need of an experienced immigration lawyer who is intimately familiar with the I-751 Removal of Conditions process, contact the Law Firm of Kyce Siddiqi right away.