Removal of Conditions on Residence Status

In order to remove your conditional residence status based on either your own or your parent’s marriage to the United State Citizen a Form I-751 must be filed with the United States Citizenship and Immigration Services (USCIS). The beneficiary and the petitioner must file the form during the 90 day period preceding the second anniversary of conditional status (when the conditional status ends).

The petition to remove conditional residence status must be filed with USCIS within 90 days of the expiration of the conditional status, or within 90 days before the two year anniversary of conditional status. Both the petitioner and beneficiary must jointly petition USCIS and appear at an interview, that is scheduled at a later date, to establish that the marriage:

• Was in accordance with the law;
• Was not judicially annulled or terminated other than by the death of a spouse;
• Was not entered into for the purpose of procuring an alien’s entry as an immigrant; and
• That no fee or other consideration was given for filing the immigration petition.

If USCIS makes a favorable determination the conditional status is removed and the beneficiary receives lawful permanent residence status.

If there is an adverse decision made by USCIS, conditional status will be terminated at a date of determination. Termination can be reviewed in deportation proceedings.

Documents to remove conditions on lawful permanent residence should be dated from the time of adjustment of status approval to the date of filing for removal of conditions. They must show a vibrant marriage where responsibility for finance and health is evident as well as a marital union. These documents may include:

• Birth certificates of children from the marriage;
• Tax returns (filed jointly, or as married);
• Savings account bank statements (6 months, joint account);
• Checking account statements (joint);
• Lease on apartment/house deed; rent receipts;
• Insurance policies (spouse as beneficiary); life, car, health;
• Charge Cards;
• Letters from the employers, showing who is to be contacted in case of an emergency;
• Automobile registrations;
• Drivers licenses (copy of petitioner and applicant’s license if at same address);
• Social Security cards;
• Utility bills;
• Loans/payment vouchers;
• Doctor’s bills;
• Medical records/hospital cards (next of kin);
• Membership cards;
• Letters written between the parties, or to be couple and other correspondence.

If you are a current conditional lawful permanent resident and need assistance in removing conditions our attorneys want to help you. Call our Boston, Massachusetts, office at 617-426-8100 or send an email for a confidential meeting.