I-751 Waiver

On October 7, 2020, the Department of Homeland Security’s Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) hosted a public webinar to discuss USCIS’ Processing of Concurrently Pending Forms N-400 (Application for Naturalization) and Forms I-751 (Petition to Remove Conditions on Residence). Subject matter experts (SMEs) from U.S. Citizenship and Immigration Services (USCIS) also joined this session and they committed to provide answers (in writing) to the additional questions from stakeholders after the webinar.
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What are the eligibility requirements to file a Form I-751?

If you are a conditional permanent resident in the United States through marriage to a U.S. citizen or engagement to a U.S. citizen, then you will need to file a petition to remove the conditions on your permanent resident status.  As a conditional permanent resident through marriage or planned matrimony, your permanent resident status is only valid for two years and you cannot renew this status.  To avoid loss of your permanent resident status, you will need to file a Form I-751, seeking removal of the conditionality of your status.  Much confusion surrounds Form I-751, especially if complications exist with the marriage.  Our green card through family immigration lawyers explore Form I-751 and its eligibility requirements below.

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USCIS has issued a policy memorandum providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

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What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?

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USCIS’ California Service Center (CSC) is experiencing a delay in initial data entry for Form I-751, Petition to Remove Conditions on Residence. Since initial data entry has to be completed before a receipt notice can be issued, some petitioners and their dependents may experience a delay in receiving a receipt notice for a Form I-751 submitted to the CSC.
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Due to a processing error on May 4, 2018, USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.
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On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.
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•The First condition for a waiver is that marriage was in “good faith”

•Good Faith marriage means that it’s a real marriage and not a marriage that was entered into for the purposes of procuring an immigration benefit.

• The way to prove good faith marriage is to show evidence and paperwork that the couple is together.

•What the United States Citizenship and Immigration Services (USCIS) focuses on is an intent to build a life together, best demonstrated by merging of financial assets and children of the marriage

•As part of the “good faith” evidence applicants should include affidavits from people who knew the couple, as well as pictures, letters, etc. that would prove the couple was actually married in good faith

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