How to extend your Conditional Permanent Resident Status
Green card applicants who are applying based upon a marriage to a U.S. citizen or permanent resident that is less than 2 years old will receive conditional permanent residence for 2 years. While a conditional permanent resident has all of the same rights (and responsibilities) as a permanent resident that is not subject to any…
Applying for Naturalization while your I-751 Petition to Remove Conditions on Residence is still pending
Due to extended delays with the processing of I-751 petitions to remove conditions on residence, foreign national petitioners who are spouses of U.S. citizens sometimes find themselves in the position where they are actually eligible to apply for Naturalization before their I-1751 petition is granted and their conditional status is removed. Generally, permanent residents are…
Employment Authorization for Conditional Permanent Residents Whose Status Has Been Rerminated.
Even after USCIS terminates their status, conditional lawful permanent residents who are in removal proceedings before an Immigration Judge remain eligible to work in the United States. Under U.S. immigration law, conditional lawful permanent residents retain their permanent residency until a final administrative order of removal is entered — either by an Immigration Judge or,…
When Should I File Form I-751?
Most conditional lawful permanent residents seem to know that U.S. Immigration law requires them to file their joint I-751 petition within the 90 day period (window) immediately before their conditional residence expires. This is something that conditional residents learn when they go through the process of obtaining conditional residency. While this rule seems easy enough…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART III
On November 30, 2018, USCIS issued a Policy Memorandum entitled “Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence.” Although it applies to all I-751 petitions (not just joint petitions filed by spouses who are separated but not divorced), because it answers some of the common questions that my clients ask…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART II
During the course of the more than 25 years that I have been an Immigration Lawyer, I have encountered my fair share of cases and situations where the primary driving force behind the problem I am attempting to solve is due to a change in circumstances that a family is experiencing. This can happen in…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence
UPDATE: Note that I have updated and supplemented this blog with a Part II HERE and a Part III HERE. On occasion, when it comes time for a conditional permanent resident to file the I-751 Petition to Remove Conditions on Residence (based upon a marriage to a U.S. citizen), the marriage has broken down and…
