Petition to Remove Conditions (I-751) Law Firm

Cleveland Two Year Green Card Lawyer

Member of the American Immigration Lawyers Association (AILA) and National Immigration Project (NIP)

If you received a two year green card and your card is either expiring or has expired, then you should contact the law offices of Philip Eichorn for legal representation. Attorney Eichorn is an experienced immigration lawyer, dedicated to serving the needs of foreign nationals and their families. With strategically placed offices in Cleveland and Charlotte the firm provides effective legal services to clients in Ohio, North Carolina and nationwide.

Dedicated, Experienced, Client-Focused

Conditional lawful permanent resident status is given to aliens who filed for adjustment of status based on a marriage to a United States citizen and United States Citizenship and Immigration Services (USCIS) approved that application within two years of the marriage.  Conditional permanent residents must file the the I-751 Petition to Remove Conditions ninety (90) days prior to the expiration of the card or USCIS will terminate their status and start deportation proceedings.

Jointly Filed I-751 Petition to Remove Conditions

If the couple is still married, then they must both sign the I-751.  The filing should include evidence that their relationship is real, bona fide, and that the couple continues to be married and continues to share their life together.  If the couple is separated but no divorce is filed, they must still file.  If the divorce is filed but not yet finalized, they must still file.  There are policies in place to assist those people who are separating or divorcing but still need to file.  We have extensive experience with these cases and understand how to navigate the policies.

Joint Filing Waivers

If the underlying marriage terminated (divorce or death) prior to the two year anniversary, the foreign national must stil file the Petition to Remove Conditions and will need to request a waiver of the joint filing requirement.  There are several different waivers available:

  • Good Faith Waiver: If the qualifying marriage was entered into in "good faith" by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse).
  • Battered Spouse or Child Waiver: If the qualifying marriage was entered into in "good faith" by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent.
  • Extreme Hardship Waiver: The alien would suffer extreme hardship if removed.

Termination of Conditional Resident Status

If USCIS denies the I-751 petition or the alien fails to timely file the case (before the expiration of the two year green card), the conditional resident status terminates. USCIS usually initiates deportation proceedings. In the deportation proceedings, the foreign national has the right to have the denial reviewed by the immigration judge. The termination of conditional resident status reverts back to the day it was granted. The foreign national has the right to re-file the I-751 and assert any of the above named waivers if the marriage is terminated.  The foreign national can also file the I-751 late but must show "good cause and extenuating circumstances" as to why the I-751 was not timely filed in the first place.

Experienced, Client-Focused, Relentless - Case Assessments Call 866-448-2994 Today or E-mail.

Please contact the Law Office of Philip Eichorn today.  We've encountered some very unique cases and successfully handled them taking people from being outside the U.S. and ordered deported for failing to file their I-751 to in the U.S. with a green card and on to citizenship.  We're experienced and we want to help either keep your family together or preserve status where the marriage has termianted.  Call us and we'll help ensure your rights are protected during this experience and give you the best chance to succeed when petitioning to remove conditional resident status.