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Navigating the Path to Permanent Residency: Removing Conditions on Residence

Understanding the I-751 Requirements

If you’re a conditional permanent resident (CPR) in the U.S., you need to file Form I-751 to remove the conditions on your residence. This process is crucial to becoming a permanent resident and eventually a U.S. citizen. Here's what you need to know:

For Married Couples: Joint Filing (Form I-751)

If you obtained your conditional green card through marriage to a U.S. citizen or permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence. This process requires joint filing with your spouse within the 90 days before your conditional green card expires.

Supporting Evidence:

Proof of a good faith marriage (e.g., joint leases, bank statements, affidavits from friends and family).

For Divorced Individuals: Waiver of the Joint Filing Requirement

Divorce doesn't necessarily mean you'll lose your chance at permanent residency. If you're divorced, you can apply to waive the joint filing requirement on Form I-751. In most cases, you'll need to demonstrate that you entered the marriage in good faith and not for immigration benefits.

Waiver of Joint Filing Requirement:

If you cannot file jointly, you may qualify for a waiver under certain circumstances:

Good Faith Marriage: You can show that your marriage was entered in good faith but ended in divorce or annulment.

Extreme Hardship: You can demonstrate that deportation would cause extreme hardship. The CPR does not need to establish that the marriage was entered into good faith under this basis.

Battery or Extreme Cruelty: You can provide evidence that you or your child were battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse.

Supporting Evidence:

  • Proof of a good faith marriage (e.g., joint leases, bank statements, affidavits from friends and family).

  • Evidence of extreme hardship (e.g., medical records, financial statements).

  • Documentation of abuse or cruelty (e.g., police reports, restraining orders).

For EB-5 Investors: Form I-829

EB-5 investors have a different path. Within 90 days before your two-year conditional period ends, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This form requires you to prove that you've made the necessary investment in a new commercial enterprise and created or preserved at least 10 full-time jobs for qualifying U.S. workers. Documentation might include business licenses, tax returns, and payroll records.

Supporting Evidence:

  • New Commercial Enterprise Establishment:

    • Federal income tax returns.

  • Active Investment:

    • Audited financial statements, bank statements, investment agreements.

  • Sustained Investment:

    • Bank statements, invoices, receipts, business licenses.

  • Job Creation:

    • Payroll records, tax documents, Forms I-9.

 

Navigating the removal of conditions can be complex, and the stakes are high. Engaging with an experienced immigration attorney can provide personalized guidance tailored to your unique situation, ensuring that you submit a comprehensive and compelling application.

You can review the different processes for applying for a green card

Family Based Green Card through Consular Processing

We discuss the different steps from I-130 to Immigrant Visa to the Green Card

Employment Based Green card through Consular Processing

We discuss the different steps from the Department of Labor Process to I-140 to Immigrant Visa to the Green Card

Family Based Green Card through Adjustment of Status

We discuss concurrent filing of the I-130 and I-485 applications with USCIS

Employment Based Green card through Adjustment of Status

We discuss the Department of Labor Process to concurrent filing of the I-140 and I-485

 Green card through EB-5 Investment

We discuss how to obtain a green card through the EB-5 investment visa

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