As the name suggests, permanent resident status is generally constant. It’s granted to people who intend to live in the United States for the foreseeable future. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. However, there are ways to lose permanent resident status. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status.
The article discusses the major ways that one can lose permanent resident status, but it isn’t an exhaustive list. Only a lawful permanent resident who naturalizes as a U.S. citizen is safe from most of these grounds of removal. Continue reading
Permanent residents use Form I-90, Application to Replace Permanent Resident Card, to apply for the replacement or renewal of an existing Permanent Resident Card (green card).
Many permanent residents use CitizenPath to prepare Form I-90. The low-cost, do-it-yourself software was designed by immigration attorneys to make the application easy and help applicants avoid mistakes. Get started for free. Only pay if you’re eligible. Try it now >>
Failing to keep an up-to-date green card can make it difficult to travel internationally or to prove your eligibility for employment in the United States. In fact, an expired green card creates four urgent problems. Continue reading
It is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What’s more, the stakes are high. If USCIS isn’t convinced that you have a bona fide marriage, the conditional resident’s status may be in jeopardy.
As a matter of law (INA §216) a couple must appear for a personal interview in order for the conditions on residence to be removed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. Let’s help you avoid the I-751 interview all together. Continue reading
When filing Form I-751, Petition to Remove Conditions on Residence, a conditional resident and spouse must provide evidence that they have a bona fide marriage. There are numerous documents that can used to establish that you entered a genuine marriage and deserve a 10-year green card.
Even if you are filing with a waiver to the joint filing requirement (due to a terminated marriage), you will need to prove that your marriage was genuine and not created to circumvent immigration laws. Thus, proving a bona fide marriage on an I-751 petition is extremely important to it’s success. Continue reading
Conditional residents that obtained a two-year green card through marriage will typically file a joint petition using Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before it expires. The conditional resident normally files jointly with the spouse. Once approved, U.S. Citizenship and Immigration Services (USCIS) grants the conditional resident status as a lawful permanent resident and provides a 10-year green card. But what if the conditional resident gets a divorce or annulment before the two-year period ends? Or what happens if the spouse is abusive and refuses to file the joint petition? The I-751 waiver after divorce provides a solution to this difficult situation. Continue reading
If you’ve obtained a 2-year green card through marriage to a U.S. citizen or through a financial investment, you are a conditional resident of the United States. While the rights and privileges of a conditional resident are very similar to a lawful permanent resident (10-year green card holder), the statuses are very different. Renewing green card after 2 years requires careful consideration. In fact, you won’t be a renewing your green card — the process for conditional residents is completely different. Continue reading
When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” USCIS wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit I-751 affidavits.
These “letters of support” are letters written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading
Are you getting ready to prepare an immigration form for you or a relative? In most cases you can do it by yourself without the aid of an immigration lawyer. But an inaccurate or carelessly answered question can delay an application or result in a denial. Likewise, a poorly prepared application packet can cause unnecessary delays and trigger additional questions. In fact, simple mistakes when preparing USCIS immigration forms can potentially tarnish the person’s immigration record forever.
In the fiscal year 2014, nearly 8% of the 7.7 million applications filed at USCIS lockbox facilities were rejected. That’s well over 600,000 applications rejected! Here are some helpful tips for preparing USCIS immigration applications and petitions: Continue reading
If you received a conditional green card through marriage to a U.S. citizen, you may have questions related to getting your 10-year green card and how to remove conditions on green card. We’ve compiled a list of frequently asked questions related to preparing and filing Form I-751, Petition to Remove Conditions on Residence.
CitizenPath’s online software helps conditional residents prepare Form I-751. Based on our experience, we wanted to share some of the most common questions related to removal of conditions and filing the I-751 petition. Continue reading
Foreign spouses who recently married U.S. citizens generally enter the United States as conditional residents. The conditional status automatically terminates after two years. U.S. Citizenship and Immigration Services (USCIS) uses the conditional status like a probation period. Before the end of the conditional period, the couple must file Form I-751, Petition to Remove Conditions on Residence and prove a bona fide marriage. Getting an I-751 approved is essential for the conditional resident to remain in the United States. Getting an I-751 denied can result in the foreign spouse being removed from the U.S.
If your Form I-751 is denied, USCIS will send you a letter explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. Continue reading