New USCIS Policy allows certain applicants to obtain Employment Authorization Documents that will be valid for 2 years
On February 7, 2022, USCIS updated its General Guidelines on the Maximum Validity Periods for Employment Authorization Documents (EADs), or work permits, for certain filing categories. This guidance allows eligible applicants to obtain EADs that will be valid for 2 years when they file initial or renewal EAD applications (filed on Form I-765). Before this…
What happens if I get divorced after I file a Joint I-751 Petition to Remove Conditions on Residence?
Over the years, I have received many inquiries from prospective clients who have separated or are considering separating from their spouse after they file a joint I-751 Petition to Remove Conditions on Residence. As I have explained in earlier blog posts, joint petitioners may still move forward with their I-751 as long as neither party…
USCIS Announces Transfer of I-751 Petitions from the Texas Service Center (TSC) to the National Benefits Center (NBC)
USCIS has recently announced that it transferred certain I-751 Petitions to Remove Conditions on Residence from the Texas Service Center, where they were pending, to the National Benefits Center (NBC) for further processing. Why did USCIS Transfer the I-751 Petitions to NBC? When necessary, USCIS transfers cases between its five service centers in order to…
Recent Updates to the USCIS Policy Manual Confirm that Joint I-751 Petitions are NOT subject to Discretionary Review
In previous blog posts, I have written about what I think is one of the greatest benefits of filing Joint I-751 Petitions – that as long as the eligibility requirements are met, USCIS officers are not allowed to apply “discretion” in making a decision of whether to approve or deny an I-751 petition. Instead, the…
USCIS reports delays in sending out Receipt Notices for I-751 Petitions
The American Immigration Lawyers Association reports that its members have experienced delays in receiving I-797 Receipt Notices for I-751 Petitions to Remove Conditions on Residence that were filed with the USCIS Lockbox addresses in Texas and Arizona. Since all I-751 Petitions must be sent to either the Texas or Arizona Lockbox, depending upon where the…
I-751 Petitions for Conditional Permanent Resident Children
Minor children of adult conditional permanent residents who immigrate to the U.S. as derivative dependents or as direct beneficiaries of step-parent petitions will also be granted status as a conditional resident, just like their parent. As such, conditional resident children must also file I-751 petitions (or be included in their parent’s petition) in order to…
What if my i-751 Petition to Remove Conditions on Residence is Denied?
If your i-751 Petition is denied, you have several different options available to you. The first thing you need to understand is that you can NOT appeal the denial of an i-751 petition, as there is no right of appeal under the law. However, as explained below, you can indirectly seek the review of your…
More Thoughts on I-751 Petitions to Remove Conditions on Residence
Ever since my 2016 Separated but not Divorced blog post on how to navigate jointly filed I-751 petitions during a period of separation or marital difficulties, I have received an overwhelming response from potential clients all over the country who seemed to find themselves in this exact situation. After all this time, I have come…
How to obtain a temporary I-551 Stamp during the COVID-19 Pandemic
Before the COVID-19 pandemic, Lawful Permanent Residents (LPRs) would typically schedule an appointment at their local USCIS office to get a temporary I-551 stamp from USCIS when their Green Card was expiring. Most USCIS Application Support Centers would simply put a sticker on the back of the Green Card during a biometrics appointment that was…
If I file a joint I-751 with my spouse and we separate (but are still married), should I file a Change of Address with USCIS?
When spouses join in the filing of an I-751 petition and then separate, but stay married, the question arises as to whether they should file a Change of Address with USCIS. My answer to this question is usually that it depends upon whether: (1) the parties have physically separated and are living in different residence…
