I-751 Waiver Lawyer NYC | Feiner & Lavy Law Firm

If you are a conditional permanent resident who received status through your marriage, you may be eligible to apply to remove the conditions on your permanent status. You can apply to remove the conditions on your permanent status by filing Form I-751, Petition to Remove Conditions on Residence. An I-751 Waiver Lawyer NYC can help you file this petition and assist you with any subsequent legal needs related to the petition.

What is Conditional Permanent Resident Status?

Conditional permanent resident status may be given to the immigrant pursuing a green card based on a recent marriage. This conditional status is given so that U.S. Citizenship and Immigration Services (USCIS) has a second chance to confirm that the marriage is valid.

A conditional permanent resident will receive a green card that is valid for a period of two years. Form I-751, Petition to Remove Conditions on Residence, must be filed within the 90-day period prior to the expiration of your conditional green card. Your I-751 Waiver Lawyer NYC can help you with this process and ensure that you meet all of the necessary deadlines.

Conditional residency is essentially a two-year testing period. Prior to the conditional residency status expiration date, the immigrant will need to apply for permanent status. At this point in the process, you may need to demonstrate that the marriage is ongoing, and further proof may be required at this time to confirm that you and your spouse are in a valid marriage and are truly establishing a life together.

If you have conditional permanent resident status, it is only valid for a period of two years. In some cases, you can renew this status at that time. However, if you received your conditional permanent resident status due to a marriage to a United States citizen or a lawful permanent resident or you were admitted to the U.S. as a fiancé (or fiancée) of a U.S. citizen and then married the U.S. citizen, you cannot renew your conditional permanent resident status.

In these scenarios, you will need to file a petition with your spouse to remove the conditions on your permanent resident status. If you fail to do so, you risk losing your lawful status in the United States. If the petition is not filed within the proper timeframe, your status may be automatically terminated, and you may receive a Notice to Appear.

What Rights Does a Conditional Resident Have in the United States?

A conditional resident has most of the same rights as a permanent resident has. He or she has the ability to accept employment without applying for a work permit, can travel in and out of the United States, and can begin working toward United States citizenship.

As long as the immigrant is ultimately approved for permanent residence, time in the U.S. as a conditional resident will be considered permanent residence for purposes of applying for naturalization. An I-751 Waiver Lawyer NYC can help you understand what conditional residency means and how you can move forward with obtaining permanent residency.

How Do I Apply to Remove Conditions on Residence?

If you are in the United States as a conditional resident due to marriage, you should have an understanding of the process of applying to remove conditions on residence if your ultimate goal is to obtain a green card and become a permanent resident.

To remove the conditions on residence, both the immigrant and the United States citizen spouse will need to submit a joint petition Form I-751 to USCIS. It is crucial that this form is submitted within the 90-day period prior to the ending of the immigrant’s conditional residence. If it is filed late, you will risk an automatic termination of status

In cases where your marriage is the reason for conditional residency, you will also need to submit documents that show that you and your spouse are in an ongoing, real marriage. Some documents that may be used for this purpose include copies of joint leases, house titles, bank accounts, and memberships. If you have any children, their birth certificates are powerful supporting evidence of the validity of the marriage.

What is a Form I-751 Waiver?

If your marriage has ended due to divorce or death, the immigrant may be able to apply for a waiver of the joint petition requirement under some circumstances. In these cases, the immigrant would submit Form I-751 solo.

When you submit the form, you will still need to provide proof that your marriage was real. Additionally, you will also need to show documentary evidence of your claimed basis for a waiver. In these situations, it is particularly important to include documentation of all aspects of the matter, including proof of the marriage and the reason for the waiver. An I-751 Waiver Lawyer NYC can help you learn more about whether you may be eligible for a waiver.

What Are the Next Steps After I Submit Form I-751?

You will receive a notice once USCIS has reviewed your Form I-751. Keep in mind that USCIS may decide to interview you and your spouse to take a closer look at your marriage. If USCIS does conclude that your marriage is not real, then the immigrant spouse could lose status completely and be required to leave the United States.

Do I Need to Hire an I-751 Waiver Lawyer NYC?

It can be very helpful for your case if you decide to hire an I-751 Waiver Lawyer in NYC. This can be particularly important if you need to apply for a waiver to file an I-751 on your own without your spouse due to death or divorce. An I-751 Waiver Lawyer NYC will have the experience necessary to help you complete all steps of the process with the required documentation included.

The immigration lawyers at Feiner and Lavy, P.C. have many years of experience handling all different types of immigration law matters. Our attorneys have successfully helped many clients obtain I-751 waivers and achieve permanent residency. Contact our office today to set up a consultation with one of our lawyers to learn more about how to get started with this process.