How Can I Get a Green Card Through My Employer?
Thousands of people are required to remove the conditions of their residency each year. When a person is recently married to a United States citizen, he or she will often apply to become a lawful permanent resident (green card holder). The I-751 Petition is the way for a person to remove the conditions on their residence and continue on the path toward potential citizenship through naturalization. This legal matter is complicated, and talking with an I-751 Petition lawyer is best. Contact Sesini Law Group to discuss your legal matter today.
What is an I-751 Petition?
You may submit an I-751 Petition, which is a Petition to Remove Conditions on Your Residence. This petition is for a person who obtained status through marriage to a United States citizen to have conditions on their residence removed. People who are eligible and apply for permanent residence based on either a recent marriage to a U.S. citizen or as an investor are granted permanent residence only on a conditional basis for two years. However, there are exceptions to many immigration rules. One exception is when the U.S. citizen sponsors a spouse, where the marriage at the time of the adjustment of status was more than two years old. In this case, the conditional status is waived, and a 10-year Permanent Resident Card is issued.
Why do I need to fill out an I-751 Petition?
When this two-year conditional period is over, the permanent residence automatically expires, and the applicant is subject to deportation. To avoid this, 90 days or less before the conditional residence expires, the applicant must file Form I-751 Petition to Remove Conditions on Residence if the conditional permanent residence was obtained through marriage, or Form I-829 Petition by Entrepreneur to Remove Conditions if the conditional permanent residence was obtained through investment, to have the conditions removed. Once the petition is properly filed, the receipt notice extends permanent residence and work authorization for 48 months while the request to remove conditions is pending.
Filing Late or Without Your Spouse
The 90-day window applies to joint petitions. If you are seeking a waiver of the joint filing requirement — because your spouse died, the marriage ended in divorce or annulment, you were battered or subjected to extreme cruelty, or removal would cause extreme hardship — you may file at any time, before or after that window, until a final removal order issues. If you missed the deadline on a joint petition, you may still file with a written explanation, and USCIS will decide whether good cause existed for the delay.
Requirements for an I-751 Petition
An applicant must provide evidence to support the petition. For an application based on marriage, an applicant may submit birth certificates of children, joint financial statements, and letters from employers, friends, and relatives. The purpose of the evidence is to ensure that the marriage was in good faith and not a fraudulent marriage. A follow-up interview with an immigration officer is sometimes required, but may be waived if the evidence is sufficient. If an interview is required, both spouses must attend.
After Becoming a Permanent Resident
Once you become a permanent resident of the United States, you must carry your green card with you. Failing to do so is a violation of the Immigration and Nationality Act and can result in a fine of up to $5,000 and/or imprisonment for up to 30 days for each offense. Only the federal government can impose penalties, not individual states. If you find yourself in a green card violation situation, consult with experienced immigration counsel.
Contact a Conditional Residence Lawyer in Milwaukee
Also, if you would like to submit an I-751 Petition, consult with an experienced immigration lawyer. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request.
