Removal of Conditions to Residency: USCIS Issues Another Memorandum
The USCIS recently issued another memorandum addressing its procedure for removing the conditional residency of newly married foreign nationals and U.S. Citizens (I-751 Removal of Conditional Residency Petitions). This memorandum is not the first one to address removal of conditions to residency that USCIS has issued this year. The continued issuance of guidance concerning the I-751 petition is indicative of the need for petitioners to know the current USCIS policy and to consult an immigration attorney before filing the petition to remove the conditions to residency for spouses of U.S. citizens. Failure to follow the current USCIS policy may result in denial of the petition and possible removal of the foreign national spouse.
As way of background, the US requires spouses of U.S. citizens who are newly married to complete two years of “conditional permanent residency” when they seek permanent residency in the United States. At the end of those two years, the couple must file a joint petition for removal of the conditional residency. This petition is completed on form I-751, and is commonly referred to as the “Removal of Conditions” petition. In certain situations, the couple is not able to file a joint petition and the USCIS will consider granting a waiver to the requirement. A waiver is also requested on the I-751 form, but involves a different USCIS procedure. Prospective waiver petitioners should consult an immigration lawyer to ensure they properly conform to the USCIS procedure.
The most recent USCIS memo on the I-751 Removal of Conditions petition focuses on how the USCIS should process petitions submitted by individuals in removal proceedings, petitions submitted by individuals with final orders of removal, petitions that are untimely filed, and petitions that are submitted by individuals who have filed multiple petitions.
Gafner Law Firm assists individuals in completing the I-751 removal of conditions and has the capacity to represent individuals from throughout the United States. To gain a better understanding of how to remove of conditions of your permanent residency, please contact Gafner Law Firm.