How Do I File for I-751 Petition to Remove Conditions on Residence in AZ?
A person’s conditional permanent resident status will only be valid for two years and cannot be renewed if the person received their conditional permanent resident status through marriage to a United States citizen or lawful permanent resident, or they were admitted to the United States as a fiancé(e) of a United States citizen and then married the United States citizen. People must file petitions to remove conditions on their permanent resident status or risk losing their lawful status.
How Form I-751 Works in Arizona
Most people have to file Form I-751 with their spouse within 90 days of a two-year Green Card expiring. When people fail to file on time, they will be at risk of United States Citizenship and Immigration Services (USCIS) sending them a Notice to Appear (NTA) and terminating their status.
People who have “CR1” under the category on their Green Card have conditional Green Cards. There should also be expiration dates.
The 90-day time limit only applies when a person is filing with their spouse, as a person who is filing on their own can file at any time after they receive their conditional residence. When a conditional Green Card has already expired, people can still attempt to file their Form I-751s, but they must also submit a letter that outlines their reasons for not filing sooner.
There are many forms of supporting documentation that could be required in these cases. For example, most people will need to submit copies of the front and back of their current Green Cards.
There could also be a need to include evidence that a marriage was entered into in good faith, and this could include a wide range of financial documents demonstrating shared assets, family photographs, or even affidavits from friends and family. A person may also need to explain any criminal charges they were facing since becoming a Green Card holder.
A Form I-751 will involve a filing fee of $595 as well as an $85 biometrics fee. People can seek waivers of these fees for people who are unable to pay the fees.
After a person files their Form I-751, they receive a notice in the mail confirming that their Form I-751 has been received. Form I-797, Notice of Action, is issued to communicate receipt or approval of an application or petition, and people can display their Green Card and Form I-797 to prove residence.
It can take a considerable time for USCIS to evaluate applications, so people need to be patient. Working with an experienced immigration lawyer will allow people to know where they are at in the process and how much longer their cases will take.
After USCIS reviews an application, there can be requests for additional evidence in many cases. You will want to have an attorney helping you ensure that you are submitting all of the required forms of evidence.
Some of the most common kinds of evidence sought in join petition cases can include:
- Copies of the front and back of Permanent Resident Cards
- Copies of the front and back of Permanent Resident Cards of any conditional permanent resident children a person is including in their petition
- Evidence of relationships such as documents indicating that a marriage upon which a person was granted status was entered in good faith and was not for the purpose of circumventing immigration laws
- Explanations for reasons people are filing late
- Explanations for reasons people are filing separately from their primary conditional permanent resident parents
- Dispositions on criminal charges, arrests, or convictions
- When a person is filing from outside of the United States because they, their spouse, or their stepparent is residing outside of the United States on United States military or government orders, two passport-style photographs for each petitioner and dependent, regardless of age, two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age, and a copy of current military or government orders will be required
People are usually then asked to attend their biometrics appointments at which they will submit fingerprints and have photos taken. One final step could be an interview with a USCIS official, although this is not always required.
The importance of the interview cannot be ignored because failing to appear for an interview can mean that a petition will be denied, conditional residence status will be terminated, and USCIS can begin removal proceedings. The rules also become especially complicated in cases involving children because children who acquire legal status at the same time or within 90 days of their parents can be included on their parent’s I-751 petition or waiver, but children who enter the United States as immigrants or adjust status over 90 days after a conditional resident parent have to file their own Form I-751s.
The 2021 Annual Report from the Citizenship and Immigration Services Ombudsman found that “Form I-751 processing times have rarely if ever, met the statutory and regulatory processing timeframes.” Updated guidance resulted in a significant increase in
the number of Form I-751 petitions sent to field offices for adjudication, with 58,371 Form
I-751 petitions pending with USCIS that met the categorical interview requirement.
Field offices adjudicated 28,426 Form I-751 petitions over the course of three years, and almost 187,000 conditional permanent residents obtained their status through consular processing in the fiscal year 2019.
Form I-751 has to be completed on paper as USCIS does not currently allow for online filings. When a person is completing their Form I-751, they should only use black ink and write “N/A” where answers are not applicable or “NONE” where their answers are zero.
The Form I-751 is broken into 10 parts, with the first part being largely personal information. You must include your current legal name, meaning that you will have to submit a copy of a name change document if you changed your name, and also your mailing address at which you can receive mail.
There will also be a section related to additional information that asks a person whether they are in removal, deportation, or rescission proceedings, whether a fee was paid to any person other than an attorney for the petition, and whether a person has been arrested or committed any crime.
The same section also asks people whether they have lived at any other address since becoming a permanent resident, and people may need to include additional addresses they have lived at. Make sure you are working with an attorney when you are answering Yes to any of the questions between 18 and 20 under Additional Information About You.
Part 2 relates to biographic information such as ethnicity, race, height, weight, eye color, and hair color. Part 3 relates to the basis for the petition, and most people will file their petitions jointly with their spouses although people can choose to seek a waiver or file an individual filing request.
Part 4 will be spousal information, while Part 5 relates to a petitioner’s children. Part 6 is accommodations for individuals with disabilities or impairments, and Part 7 is the petitioner’s statement that they have read and understand every question on the petition and have read the Acknowledgement of Appointment at USCIS Application Support Center.
In Part 7, a petitioner authorizes the release of their information and all documents that have been presented are complete, true, and correct. Part 8 is a spouse’s or another individual’s statement to provide fingerprints and photographs at a USCIS Application Support Center appointment.
Part 9 is the interpreter’s contact information, signature, and certification. Part 10 is the contact information, statement, certification, and signature of any person preparing the petition when they are not the petitioner.
USCIS only accepts Form I-751 applications at two locations known as lockboxes: Elgin, Illinois, and Phoenix, Arizona. All Arizona applicants will be sending their Form I-751s to Phoenix.
Complications to Form I-751 cases often arise when a petitioner has divorced their spouse or is no longer living with them. Such applicants will want to be sure they retain legal counsel for help navigating the complex USCIS requirements.
When a person is no longer married to their spouse, they can file a Petition to Remove Conditions on Permanent Residence and file for a waiver by providing evidence that they entered into their marriage in good faith although the marriage ended through divorce or annulment. Evidence of a divorce or annulment in the form of a certified copy of the divorce decree or annulment must be provided.
When a person is legally separated from their spouse, they can still file Form I-751, but they will have to provide a certified copy of the divorce decree or annulment before they can have their petition approved.
Call Us Today to Speak with an Arizona Immigration Lawyer
If you need help removing conditions on your Green Card in Arizona, do not try to handle everything by yourself when you have concerns about your application. By working with Diamondback Legal, you can give yourself the strongest possible chance of getting the outcome you are hoping for because we will have the benefit of years of prior experience handling these cases to help us guide you to the most desirable resolution to your case.
Our firm aims to help people throughout the state of Arizona with all kinds of immigration-related issues, and we understand the most effective ways of helping people in these cases. You can call (602) 584-8938 or contact us online to receive a free consultation.
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