U.S. Immigration and removal of conditional residence

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Joint Petition

If the couple is still married and co-operation after a period of two years, the Form I-751 must submit a joint application to remove conditions of residence completed within 90 days in advance. This date is the date of expiry of the card in the 551-people. Although the USCIS has groped notice, a conditional resident reported at the beginning of the period of 90 days, the fact that the conditional resident can nota defense, the absence of a person to file a timely appeal municipality. It 'important to note that the elimination of days not to submit, within 90 days of residency can be provided automatically lose their status and secure.

However, the I-751 filed late, if it can demonstrate "good cause" for delay in presentation and that the delay was reasonable. "Good cause" means that the applicants were not to blame or registerlater, and the reasons for the submission of time and out of their control.

During the execution of I-751 is relatively simple, the candidates should be aware of adjustments that need to fill out the form, legal issues, the applicants may be legal consequences if a marriage and its raw materials. For example, in four parts and asked the candidates to their home address. If the candidate must live in a separate statement, or otherwise USCIS suspectsmarriage fraud and an interview.

After submitting the joint request of a temporary resident status is automatically renewed for one year. If USCIS has one year to examine the application, you must USCIS staff travel for work or documentation provided in the form of a temporary I-551 in your passport or an expiration date on your I-94 more.

Once USCIS receives and reviews the application, which can approve or rejectRequest. If the application is rejected, due to a resident, the method can be eliminated in the conditional resident may seek review in the negative:
The application for renewal before an immigration judge common;
At the request of District Director USCIS administrative unit cases confirm seals;
The presentation of a motion, adding new elements to reopen or
tabling a motion of reconsideration.

USCIS interview even if they are suspected of marriage fraud. If aInterview must be scheduled within 90 days after submission of the petition and have the interview. Couples are strongly advised not to go to the interview without a lawyer. If you are invited for interview, please contact our office in order to avoid the possibility of abuse by USCIS examiner.

Exceptions

There are situations, a joint application can not be found. For example, a marriage endsDeath, divorce or annulment. In other cases, the spouse of the marital home did not end at all and in fact, the U.S. citizen or resident may be hostile or offensive and is subject to the applicant.

The conditional resident spouse are in this situation is not hopeless, and may be exempted from the requirement of a joint application. The conditional resident must prove that:
The marriage began in "good faith" andends (except by death), but they were not guilty of this marriage, or
"Extreme stress" will result in a conditional resident reported or
He married in good faith during the marriage, he / she was your child or beaten or subjected to extreme cruelty by a lawful permanent resident or U.S. citizen and he / she is not to blame for not complying with the residence.

Exceptions may be made to all the inhabitants of the whole situation should not wait for timefor 90 days before the expiry of his period of conditional residence. However, he noted that exemptions granted slightly from USCIS. So you can not to require a resident who is considering, please contact a lawyer for help.