Conditional Residence

Lyndhurst Conditional Residence Petition Attorney

Guiding clients through

I-751 petitions

pexels-photoIn some cases, conditions on one’s residency can impact a person’s ability to stay in the United States. In order to protect one’s status, it may be imperative to have those conditions removed through an I-751 petition. The I-751 petition is important for those who have received permanent residency through marriage. In order to protect oneself from the possibility of deportation, it is important to consult with an attorney. Law Offices of Salvatore A. Falletta, LLC has been quality legal support for over 20 years. If you need to remove the conditions of your residency, contact Attorney Falletta today.

I-751 explained

As stated above, an I-751 petition will remove conditions to one’s residency based on marriage. When a person achieves permanent residency through marriage, their status is on a conditional basis for 2 years. If the two-year condition is not tended to, the person’s permanent residency will expire and they may face deportation. In order to satisfy the requirements of the I-751 petition, both spouses will have to sign the document. If a marriage ended in divorce within the two-year condition, there are waivers available. One would have to prove that the failed marriage was bona fide.

In order to avoid deportation, the petition must be filed within 90 days before the expiration. Once the application is received, permanent residency is extended by one year and continues to be extended until the request for removal of conditions is considered. The applicant may need to provide documentation about the marriage and the family, including birth certificates of the children, financial statements, and testaments from employers, friends, and relatives. These possible requirements help the USCIS establish that the marriage is valid in the face of abuse by many applicants over the years.

In some cases, if the evidence is not satisfactory, the USCIS may request a follow-up interview. This is not always the case, but every so often, they want more information. At this interview, both spouses must attend.

An exception to the I-751 petition

According to the USCIS, there is an exception to the I-751 petition. If a marriage was over 2 years old at the time of the adjustment of status, the conditional status will often be waived and replaced with a 10-year permanent resident card.

After a successful I-751 petition

Once the conditions are removed, the lawful permanent resident has the right to apply for naturalization. Naturalization is the process in which a person becomes a citizen of the United States. Citizens have more rights than lawful permanent residents. Lawful permanent residents do not normally have the right to vote, bring their families to the United States or hold federal jobs.

Contact an experienced Bergen County I-751 petition attorney

If you are in need of guidance or assistance through the I-751 petition, contact Law Offices of Salvatore A. Falletta, LLC. Our firm works with married couples who need to remove the conditions of a residency. Though the process seems straightforward, it is time-sensitive and document-heavy. Many factors can impact the petition and it is in your best interests to retain the services of an attorney. If you need quality legal support from an experienced attorney, contact Law Offices of Salvatore A. Falletta, LLC.

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