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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

If you hold a conditional green card through marriage, it’s essential to understand the I-751 process to remove these conditions and secure permanent residency. At Kasturi Law, LLC, our Illinois immigration and naturalization attorney helps clients successfully navigate the complex requirements of the I-751 petition.

Here’s a clear overview of what you need to know about the I-751 process to ensure a smooth path to permanent residency.

What Is a Conditional Green Card?

A conditional green card is typically issued to spouses married less than two years at the time their green card is approved. It’s valid for only two years and is intended as a safeguard to ensure marriages are genuine and not entered solely for immigration purposes. Near the end of these two years, you must file Form I-751, Petition to Remove Conditions on Residence, to transition from conditional to permanent residency.

immigration and naturalization process

When Should You File Form I-751?

Filing Form I-751 within the 90-day window immediately before your conditional green card expires is crucial. Filing too early or too late could result in complications, delays, or even jeopardize your permanent residency status. USCIS takes filing deadlines very seriously, so understanding and adhering to these timeframes is essential.

Evidence Required to Successfully File Form I-751

The core purpose of the I-751 petition is to demonstrate your marriage is authentic and ongoing. You must provide substantial documentation that shows you entered your marriage in good faith.

Evidence typically includes:

  • Joint financial documents include bank accounts, tax returns, and investment statements.
  • Documents showing joint ownership or lease agreements for property.
  • Birth certificates of any children from the marriage.
  • Affidavits from friends and family attest to your relationship.
  • Photographic evidence of your relationship, documenting events and experiences together.

Common Challenges in the I-751 Process

Filing Form I-751 can sometimes lead to challenges, such as insufficient documentation or receiving a Request for Evidence (RFE). An RFE can delay your application significantly. In more complex situations, such as divorce or separation, you might need to file an I-751 waiver petition. In these cases, additional detailed evidence and legal arguments are essential to convince USCIS of the legitimacy of your marriage despite these changed circumstances.

Attending an I-751 Interview

Although not all I-751 cases require an interview, USCIS may request one if there are questions or concerns about your marriage’s authenticity. Being well-prepared, truthful, and transparent in your responses is crucial for successfully navigating this step.

How an Immigration Attorney Can Help

Navigating the I-751 process can be stressful and confusing. Working with an experienced immigration attorney significantly reduces the risk of mistakes, omissions, or misunderstandings that might jeopardize your permanent resident status. At Kasturi Law, LLC, our attorney offers strategic guidance in preparing your petition, compiling comprehensive evidence, and responding effectively to RFEs or interview requests.

If your conditional green card is approaching expiration, don’t wait until complications arise. Contact our immigration law firm in Illinois today to schedule a consultation during an in-person, phone, or Zoom session. You can even schedule a consultation using our online calendar, choosing between 30-minute or 60-minute timeframes for personalized support and expert guidance, ensuring your I-751 process moves smoothly and successfully.

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