Do you want to go from being a conditional resident to having a permanent residence? Don’t you know how to do it? Then stay and read this article where Procedures and requirements shows you how to process the I-751 form before the United States Citizenship and Immigration Services (USCIS) for the removal of the conditions of the Green Card.
What is Form I-751?
The form I-751 known as Petition to Remove Conditions on Residence It is a filling instrument used to move from a conditional residence to a type of permanent residence.
The Form I-751 It must be processed close to the time when the conditional residence period will end, generally its duration is two years. This is a registration document, which is intended to eliminate the established conditions and the transferring person becomes a permanent resident in the United States.
Many people consider this to be a difficult document to complete, however, if done in the right way, successful results can be guaranteed. It is necessary to comply with a series of steps and requirements to be able to present the Form I-751.
This procedure is carried out before the United States Citizenship and Immigration Services (USCIS), which is the entity in charge of regulating the I-751 form, eliminating the conditions and issuing a document that accredits such action (regular Green card).
Who can file Form I-751?
To process this form, you must be an eligible candidate. To do this, you must be a person married to a person of United States nationality
It must have a K1 visa. In this case you will get the Green Card conditional for marriage, which has a duration of two years.
At the end of this time, the card will be invalid and the person can be deported. That is why it is important to avoid being deported that at least 90 days before the expiration date of the Green card the card holder and owner make the corresponding request through the form I-751 to remove the conditions and become a permanent resident.
In order for the conditions of the Green card , you can carry out the process of form I-751 via the web. You need to consider the following:
- In case of being a conditional resident, male or female, who is married to a US person, you must process the form together with your spouse.
- If the married couple has children, they must have a K2 visa to include them in the application.
- In the event that the children have obtained conditional permanent residence after the applicant or after the condition was adjusted, in this case the children must submit their application separately to eliminate the conditions of the Green Card.
- People who have married an American person and the spouse later dies or there is a break in the relationship, credited with a divorce, also apply.
- Those people who are married to a US citizen who are being abused by their spouse can apply.
In case of applying to these characteristics and conditions, you can carry out the procedure to change the conditions of the Green card and have a permanent residence.
What are the documents required to file Form I-751?
To present the Form I-751 must have a series of requirements, which must be presented to the United States Citizenship and Immigration Services (USCIS). The requested documents are:
- Copy of the Green Card (Green Card), both on the front and on the back.
- Document proving a marriage in good faith.
- In case you want to apply for an exemption from joint filing, present the documents to prove that the spouses cannot file the application jointly.
- Present the court order for the name change, in case the person is in this name change process.
- If the applicant has a criminal or drug history, prove with valid documents that he is no longer in that situation and the process that the person went through to overcome said conditions.
Below we will explain in more detail the requested requirements:
Bona fide marriage
It must be accredited and demonstrated to the United States Citizenship and Immigration Services (USCIS), that the marriage is real, that is, that it is not a simple sham to obtain the Green card.
The USCIS It is in constant control and review of marriages, to verify that they are real, therefore it is important to prove this indispensable requirement. It can be verified through documents of ownership of goods that are owned together, birth certificates of the children (if applicable), joint contracts, service accounts, witness statements, among others.
Exemption from the requirements to fill the set
In case of not being able to present the form I-751 Both spouses due to the death of the partner, divorce, abuse, among other circumstances, you can apply for the exemption of this requirement to be able to do the procedure unilaterally.
You must support your application, with additional documents, such as: Death certificate of the couple, divorce certificate, among others.
What happens after I submit Form I-751?
After having presented to the United States Citizenship and Immigration Services (USCIS) the Form I-751 along with the other requirements for the elimination of the conditions of the Green card , should be kept on hold, because it may take more or less time depending on the amount of application that the USCIS has.
If the form was completed efficiently, after approximately three weeks, the USCIS will issue a notification by email, where the receipt of the application is corroborated.
Otherwise, if the form has been flawed, a notice will be given to deny the request or you can send a Request for Evidence, to obtain additional elements.
Appointment letter for biometric fingerprints
Based on this, the process can be delayed. After passing this phase, an appointment notification will be received, in which the date is assigned to proceed with the biometric data. It will also be notified if any document must be presented.
Subsequently, you must go to the appointment, which lasts approximately half an hour, where the fingerprints, photographs and signature of the applicant are collected.
Request for evidence
In case more evidence documents are needed, USCIS it will ask you to grant others more.
Appointment letter for interview
After this point, proceed with the appointment letter for the interview. In case of not attending, deportation may proceed.
Receive your ten-year green card
Then over a period of five to twelve months, the USCIS You will have already studied the case, reviewed the application and if it is accepted, you will be notified by mail and the Green card It will be sent by post, and if it is denied, the reasons will be explained.
Remember to consider the content of this article and get successful results.
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