Do I Need A Lawyer To Remove Conditional Green Card?

by | Last updated on January 24, 2024

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Do I need a lawyer to remove conditional green card? No, if you are a Lawful Permanent Resident (“Green Card holder”) with a conditional (“temporary” or “2-year”) Green Card holder,

you do not need to hire an attorney to help you with the filing for USCIS Form I-751, Petition to Remove Conditions of Residence

.

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How much does it cost to remove conditional green card?

$595. You must pay a

$85 biometric service fee

for each person applying to remove conditions on their residence on the same form.

What documents do I need to remove conditions on green card?

To remove conditional status, the green card holder and his or her spouse, must file

Form I-751, Petition to Remove Conditions on Residence

, within 90 days of the expiration of permanent residence, i.e., within 90 days before the second anniversary of when the green card was issued.

How long does it take to get conditional green card removed?

Do you have to interview to remove conditional green card?


The Immigration and Nationality Act (INA) requires conditional residents to attend an interview when USCIS is adjudicating (or deciding) the couple’s removal of conditions petition

.

Is it hard to remove conditions on green card?

A conditional permanent resident receives a Green Card valid for two years. To remove the conditions on your permanent resident status,

you must file a petition within the 90-day period before your conditional Green Card expires

. Use our Filing Calculator to determine your 90-day filing date.

Do I need to submit photos with I-751?

Information About Your Children of the petition, must submit the following items with Form I-751: 1.

Two passport-style photos for each petitioner and dependent, regardless of age

. The passport photos must be color photographs.

Can I-751 be denied?

If your I-751 is denied and you receive an NTA, contact your immigration attorney right away. If your I-751 is denied,

deportation is a possible outcome, but you do still have the opportunity to submit additional evidence

.

How many bank statements do I need for i-751?


One bank statement every few months for the 2-year period

.

How long does it take to get i-751 approved?

We are making the change from 18 to

24 months

to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Can I apply for citizenship with pending conditional green card?

However, many conditional residents wonder whether or not they may pursue the Naturalization process while they have an I-751, Petition to Remove Conditions on Residence, pending adjudication with the USCIS. The short answer is

yes, they can

!

Can I travel while I-751 is pending?

May I travel outside of the United States while my I-751 is pending and my alien registration card has expired? Yes, while USCIS is processing the joint petition or waiver,

you can travel abroad even if the conditional resident card has expired

. The USCIS will issue you a receipt once it receives the I-751.

How do I file a removal of conditions?

To remove conditions, you must

file Form I-751, Petition to Remove Conditions on Residence

. You cannot file Form I-90 to renew your Permanent Resident Card (Green Card) if you are a conditional permanent resident.

What supporting documents do I need for i-751?

  • Birth certificate(s) of child(ren) born to the marriage.
  • Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.
  • Financial records showing joint ownership of assets and joint responsibility for liabilities.

How can I avoid I-751 interview?

One of the best ways to avoid the I-751 interview is to

submit a well-prepared I-751 petition with plenty of quality evidence

. Specifically, your evidence should present overwhelming proof that you have a bona fide marriage. A marriage certificate alone is not sufficient.

Do I need affidavit of support for i-751?


The I-751 affidavit is not mandatory, but it’s strongly suggested by many attorneys

. What’s more, strong evidence of a bona fide marriage may help petitioners avoid the I-751 interview. Affidavits are most useful when the petitioner’s evidence of a bona fide marriage is weak and possibly insufficient.

Is there an interview for I 751?

According to U.S. immigration law,

U.S. Citizenship and Immigration Services (USCIS) is expected to schedule EVERY I-751 applicant to remove the conditions on residence for an in-person interview

. In practice, however, many if not most of these interviews are “waived.”

Is there a second interview for removal of conditions?


Only rarely did USCIS summon green card holders for a second interview

, typically in cases of insufficient or questionable documentation. As of December 10, 2018, however, USCIS now requires most applicants seeking to remove conditions on their green card to complete an in-person interview.

Can I cancel my spouse permanent green card?

Can I travel while removing conditions green card?

Can you travel internationally while your application is pending?

Yes, as long as you have a valid unexpired green card you may travel internationally once you have filed your removal of conditions application with USCIS

.

How can I prepare I 751 package?

Can I remarry after I-751 denied?

However, if it is denied again,

you will be facing an order of removal, unless you can qualify for another benefit

. It is possible, for example, to readjust your status to conditional permanent residence if, for example, you are divorced from the first spouse and have remarried.

Can I work after I-751 denied?

Keep in mind, once your I-751 is denied, your lawful permanent residency is terminated. Therefore,

you will no longer be authorized to work or travel

, and your continued residency within the US is at high risk.

What happens at an I-751 interview?


The USCIS officer will likely ask questions about how you spend your lives together

. For example, the officer may ask you how you celebrated a spouse’s birthday, what foods he or she enjoys, and what your spouse’s friends are like. The I-751 interview will likely dive into some very personal issues about your marriage.

How can I change my conditional green card to permanent?

To convert your conditional status to permanent status, the couple needs to file Form I-751, Petition to Remove Conditions on Residence, along with several documents and a USCIS fee within the 90-day period that precedes the expiration date on the conditional green card.

How much is the fee for I-751?

Currently, the fee to file the I-751 is

$680.00

– which includes the biometrics. If any children are included in the filing you must pay $85.00 for each child. You can pay the fee with a money order, personal check, or cashier’s check. But using a personal check will be easier and offer you some added security.

Can I apply for I-751 online?

Who can file Form I-751? People with conditional Green Card obtained through marriage can file Form I-751.

It may be filed online

and you may also choose to complete and file the paper version of this form. You can prepare this form online through our online service which can give you peace of mind.

How long does it take for I-751 to get approved 2022?

How long does it take for the I-751 to be approved? Unfortunately, the I-751 has one of the longest USCIS Processing times –

between 12 – 19 months

. USCIS will extend your Green Card for 18 months (from the date it expires).

What happens after submitting i-751?

Does the 2 years of conditional green card count towards citizenship?

When can you apply for removal of conditions?

Generally, conditional residents must file Form I-751, Petition to Remove Conditions on Residence,

within the 90-day period before your conditional residence expires

. U.S. Citizenship and Immigration Services (USCIS) will reject the petition if you file too early. There are also consequences if you file too late.

What happens if you get divorce during conditional green card?

What happens when conditional green card expires?


You will receive a letter from USCIS confirming that your status is extended by 24 months

. You can use your expired green card and the USCIS receipt letter to prove you are allowed to work in the U.S. and travel outside the U.S. for up to 24 months after your green card expires.

Can I travel internationally with for I 751?

As a conditional resident,

you are free to travel abroad just like any other lawful permanent resident

.

Who gets a 10 year green card?


If you got your residency through your employer or your parent or adult child or brother or sister

you will be issued the regular 10-year card. Also if you get residency through marriage and have been married more than two years at the time you are granted then you also will get the regular 10-year card.

How do I cancel my spouse green card?

In a typical Green Card case, if the couple has been married for less than two years then the U.S. citizen, spouse and the immigrant have to

file another form at the end of the two years or actually right before the end of the two year anniversary of the Green Card and they have to ask to get the conditions removed

.

Timothy Chehowski
Author
Timothy Chehowski
Timothy Chehowski is a travel writer and photographer with over 10 years of experience exploring the world. He has visited over 50 countries and has a passion for discovering off-the-beaten-path destinations and hidden gems. Juan's writing and photography have been featured in various travel publications.