Friday, November 19, 2010

How Will I know The Time To Remove Conditions On My Residence



Picture this. It's almost two years since the time you immigrated to the United States to live a wonderful life with your spouse. You have your green card based on your marriage to a US Citizen spouse, you're working and happily settled in your new found home.

Lets pause here and go back to the time you were issued your green card. Green card obtained on the basis of marriage to a US Citizen has a condition attached to it. USCIS, the official machinery of the Unites States Government has put up measures in place to be sure that your marriage is not a sham and that your green card obtained on the basis of your marriage to a US citizen is not fraudulent.

So how to do you go about removing the conditions attached with your green card. The following details will help you out.

Petition to Remove Conditions on Residence:

To remove the conditions attached with your green card you need to file the Form I-751 immigration form. The I 751 immigration form is used to petition the USCIS to remove the conditions attached with your green card. Lets now analyze in depth your conditional green card as it is popularly known.

If your card was obtained based on your marriage to a US citizen you will be issued a conditional green card which is valid for 2 years.

By law, you are required to remove the conditions before the expiry of the stipulated two years. If you do not, then you tend to become out of status in the eyes of the USCIS.

I 751 Immigration Form and Process Involved:

  1. File the I 751 immigration form within 90 days preceding the expiration date on your green card. It has to be noted here that this date is the date when your conditional residence expires.

  1. Complete the I 751 application and do not forget to include all the supporting documents that will serve as evidence of a bona fide marriage relationship.

  2. Mail the completed package with the relevant fee to the USCIS which has jurisdiction over your area

  3. USCIS will mail you a confirmation receipt which will extend your green card status by one year.

  4. Have this receipt with your green card as it is the only proof of your legal status.

  5. Keep up with your scheduled biometric appointment with the USCIS.

  6. If need be you might be called for an interview. The date and time will be informed to you by the USCIS.

  7. Once your I 751 immigration form is approved, your new green card will be mailed to you. Your new green card will be valid for the next 10 years. Your green card will then have to be renewed every 10 years and in the interim, if you fulfill certain eligibility criteria you may also think of becoming a US citizen.

One should always be mindful of the fact that the conditions attached with your green card are to be removed with the I 751 immigration form and to have your green card current to relish and enjoy the work, life and other numerous benefits in the US.


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