What Happens if My Spouse and I Separate After Filing a Joint I-751 Petition?
One of the most stressful situations I see in immigration practice is when a couple files a joint I-751 petition and then the marriage begins to fall apart while the case is still pending. Unfortunately, this happens quite often. Given current USCIS processing times, it is becoming even more common since petitions may remain pending…
What Does USCIS Mean by a “Good Faith Marriage” in an I-751 Case?
One of the most common misconceptions I encounter in I-751 cases is the belief that a failed marriage automatically means a failed immigration case. That is not really how the law works. In many I-751 consultations, I speak with people who are genuinely panicked because: Many assume USCIS is trying to determine whether the marriage…
USCIS announces 48-month extension of Green Cards for Conditional Permanent Residents with a pending I-751 Petition to Remove Conditions on Residence.
USCIS recently announced that it will extend the validity of Permanent Resident Cards (Green Cards) for 48 months (beyond the current expiration date) for all petitioners who properly file Form I-751, effective as of January 25, 2023. In addition, USCIS further announced that they will issue new receipt notices for eligible conditional permanent residents who…
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…
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…
