Filing I-751 Petitions for included Children
I often receive inquiries from prospective clients who ask whether they need to file separate I-751 petitions to remove the conditional status of their children, or whether they can include their children in their own I-751 Petition to Remove Conditions on Residence. The USCIS rule on this point is fairly simple: you may include your…
USCIS to Waive Interviews for Certain I-751 Conditional Permanent Resident Petitioners
On April 7, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that has adopted a new risk-based approach to decide whether to interview conditional lawful permanent residents (CLPRs) who have filed I-751 petitions to remove the conditions on their residence. In sum, the new policy will provide guidance for USCIS officers to decide whether to…
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…
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…
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…
