To eliminate the conditions on the permanent resident card (green card), you must submit Form I-751: Petition to Eliminate Residency Conditions or Form I-829: Petition of Entrepreneur to Eliminate Conditions in the Citizenship Service and the United States Immigration (USCIS).
What does it mean to have conditions on the green card
You have conditions on the green card if it is valid for two years only. People can get a conditional green card by marriage or by an investment.
The USCIS grants two-year conditional green cards to ensure that your reason for obtaining it is legitimate. If you obtained the green card based on an investment, the USCIS wants to make sure that you will keep your investment in the US. If you got a green card based on marriage, the USCIS wants to make sure you got a good faith marriage, in other words, you didn’t do it just to get the green card.
When your two-year green card is about to expire, you must eliminate the conditions on the card. You must ask the USCIS to remove the conditions and grant you a non-conditional green card with a validity of 10 years. If the USCIS decides that you evaded immigration laws and denied this request, you may lose your legal status and could be deported from the United States.
How do I remove the conditions on my green card?
Eliminate the conditions on the green card based on marriage
Persons who obtained the conditional green card through marriage and who are still married to the person who helped them obtain the green card must submit Form I-751 together with their husband or wife. You must send the form to the USCIS for a period of 90 days before the card expires. You must include a fee for USD 590. You must also send the following documents with the form:
- Copies of both sides of your green card or alien registration card to expire.
- Two photographs of your passport type. They must have been taken within 30 days prior to the submission of the application.
- Evidence that you got married in good faith and not to bypass immigration laws. Documents that help demonstrate good faith include the following:
- Birth certificates of the children you had with your husband or wife.
- Lease or mortgage contracts that show that you live with your husband or wife.
- Financial records showing that they share assets, such as a joint checking account, shared service bills or an insurance policy that includes your husband or wife as beneficiary.
- Sworn statements by at least two people stating that they have known you and your husband or wife since you obtained the green card and that they have personal knowledge of your marriage. It is possible that these people must swear before an Immigration official that what they wrote is true. Affidavits must include the following information:
- The full name, address, date, and place of birth of the declarant.
- The declarant’s relationship with you and with your husband or wife.
- A complete explanation of how the person knows about your relationship.
What happens if I cannot file Form I-751 with my husband or wife?
Generally, you and your husband or wife must file Form I-751 together. You can seek an exemption to make the presentation without your husband or wife if you married in good faith and meet one of the following points:
- Your husband or wife passed away. Send a copy of the death certificate that shows they were married.
- You divorced or the marriage was annulled. Send a copy of the divorce decree or annulment documents.
- You were physically or emotionally abused by your husband or wife. Send evidence of abuse, such as reports or records of police officers, medical personnel, social workers, courts, clergy or social service agencies.
- Being deported from the US would cause you extreme difficulty. Send evidence that your US removal it would cause you much more difficult than what it would cause to others, such as medical reports or documents that show you have a strong connection with your community. The USCIS will only take into account situations that have changed since you obtained the green card.
You can file the exemption at any time: before, during or after the 90 days prior to the expiration of the conditional green card.
Eliminate the conditions on the green card based on an investment
To eliminate conditions on a green card based on investment, you must complete Form I-829. You must also send the form to the USCIS during the 90-day period before the green card expires. Includes a filing fee of USD 3,835. You can include your husband or wife with the conditional green card and your children in the application, or they can make the presentation separately after you make your presentation.
You must also send these documents with Form I-829:
- Copies of both sides of your green card or alien registration card to expire.
- Evidence of your company. Send the following documents:
- Evidence that you started a business, (such as tax returns.)
- Evidence that you invested or invested the money necessary for the location of your company, (as an audited financial statement.)
- Evidence that your company has been active during the two years in which you have had the conditional green card, such as the following:
- Invoices and receipts
- Bank statements
- Commercial licenses
- State or federal tax returns, or quarterly tax returns.
- Evidence of the number of full-time employees when you started the company and now, such as payroll records, tax documents, and Forms I-9.
- People who make the presentation such as the husband, wife or child whose husband, wife or investor father died must include the following:
- The green card of your husband, wife, father or mother.
- The death certificate of your husband, wife, father or mother.
- The same evidence that the company existed as mentioned above.
When do I submit Form I-751 or Form I-829?
You must submit Form I-751 or Form I-829 during the 90-day period before the green card expires. If you do not make the presentation during those 90 days, you will lose your condition when the green card expires. However, the USCIS will accept late submissions if the delay was caused by events beyond your control. When you make the presentation, you must explain in writing why you delayed the process and request that the USCIS excuse you for the delay.
What happens if I have a criminal record?
A person who has been arrested or detained by a law enforcement officer for any reason since obtaining the green card, but NO charges were filed against him, just send an original official statement from the agency in charge of the arrest or a court order confirming that no charges were filed.
A person against whom charges have been filed since becoming a permanent resident must send the original or a copy certified by a court of a complete arrest warrant or resolution for each charge (for example, dismissal order, criminal record or order of acquittal).
What happens after I submit Form I-751?
A few weeks after you have submitted your application with the filing fee and supporting documents, you will receive a Notice of Receipt from the USCIS. Once you get your Notice of Receipt, your condition will be extended for one year while the USCIS decides whether to remove the conditions on your green card. You can use this notification along with your original green card as evidence that you are allowed to get a job and travel outside the US.
The person whose one-year extension is about to end before the USCIS has made a decision on your application and who wishes to travel or obtain a work authorization must attend the local USCIS office with the expired green card, the Notice of Receipt and the valid passport or Form I-94 to request an extension of your condition. An official will surely place the I-551 temporary stamp on the passport or on the Form I-94. This stamp will expire one year after the date of being stamped.
After you have submitted Form I-751 or Form I-829, you must attend an appointment to collect your biometric data. The USCIS will mail you a notification to let you know when and where to attend this appointment. You must attend the biometric data collection appointment or your request may be denied unless you send the USCIS a change of address or a request to reschedule the reasonable appointment.
Request for more information and interviews
The USCIS may request to see the original documents or interview you in person. You will receive a Request for Evidence (RFE) in the mail where they will tell you what information about you the USCIS requests. The RFE that asks you to attend an interview will specify when and where you and your husband or wife should attend.
In the interview, a USCIS official will decide with the evidence if you married in good faith or just to get the green card. Any of the following points could cause the interviewer to decide that your marriage did not take place in good faith:
- You are much younger or much older than your husband or wife.
- You and your husband or wife cannot speak each other’s language.
- You and your husband or wife come from completely different cultural backgrounds.
- Your family or friends and your husband or wife’s family or friends didn’t know they got married.
- Your marriage was arranged by a third party.
- You married immediately after discovering that you could be deported.
- You and your husband or wife don’t know basic things about each other.
- You have not lived with your husband or wife since they got married.
- You are friends with your husband or wife’s family.
- Your husband or wife has tried to get green cards for other people in the past.
You must attend the interview or your green card holder status will automatically expire when the green card expires.
The USCIS will mail you the final decision. If your application is approved, you will receive your new green card in the mail or notification asking you to go to a local USCIS office to obtain the new green card. You must deliver your previous green card when you receive the new one.
The USCIS will ask you to turn in the green card if your request is denied. You can appeal the decision in the removal proceedings, which take place when an Immigration court decides if you will be deported from the country.
How To Apply For An Immigrant Visa
When it comes to immigration, the US They have strict laws and regulations. The USCIS is responsible for handling all visa and immigration applications from the point of submission of the application until the final decision. Although the process can be complicated and stressful, if proper steps are followed, a permanent visa for the US can be obtained. without any discomfort.
The different ways to present a green card
It is best to opt for specific categories of immigrants to apply for a residence card. The ways in which you may become eligible to obtain a green card are:
- A petition filed by a family member who may be a permanent resident of the US or a US citizen
- A petition filed through an employer that offers a job to the applicant.
- A petition filed after receiving asylum or refugee status.
- The Diversity Lottery, also known as the green card lottery.
There are 6 steps to follow after your application has been approved.
Step 1. Choose an Agent
You can act as your own agent or you can opt for the petitioner, a family member, friend, lawyer, immigration professional or anyone else you trust.
Step 2. Payment Rates
Pay the processing fee required by USCIS. You can pay these fees online.
Step 3. Submit the visa application form. Collect and submit the forms and documents to the National Visa Center (CNV).
Step 4. Submit financial documents or Collect. Complete a statement of support and attach financial documents.
Step 5. Gather supporting documents. Complete the civil documents to support your visa application.
Step 6. Submit documents to the CNV. Submit all the forms collected in steps 4 and 5 in a single package to the CNV.
After paying the necessary fees and submitting the required application for an immigrant visa, affidavit of support, and supporting documents to the National Visa Center (CNV), USCIS staff will check that the file is complete. Once your case qualifies for an interview, CNV will work with the US Embassy. Appropriate or consulate before scheduling an appointment.
How To Make An Immigration Appeal
To make an immigration appeal, you must complete the correct form and send it to the appropriate agency. You must pay a filing fee when you submit the form. The form you should use and to whom you should send it will depend on the decision you will appeal.
What is an immigration appeal?
When you make an appeal, you are requesting that a higher authority consider a decision again. For example, if an Immigration judge made a decision about your case that doesn’t suit you, you can ask a higher court to invalidate the Immigration judge’s decision and to rule in your favor. However, there are different forms to use and agencies to appeal. The way you make the appeal depends on what you appeal and the superior authority to which you appeal.
Who can file an immigration appeal?
Only the person who submitted the original application can file an immigration appeal. For example, if your brother filed a petition to obtain a visa to enter the US, he would have to appeal the decision for you.
To whom do I file the appeal?
People whose immigration petition or case is denied will receive a Denial Notice, by mail. This form will indicate the form to be submitted and to whom it should be sent.
What form should I submit?
The form you must submit will depend on the decision you are appealing.
Form I-290B: most USCIS applications
For most appeals, you are required to complete Form I-290B: Notice of Appeal or Motion. Form I-290B is used for appeals to the United States Citizenship and Immigration Service (USCIS). You can appeal a decision on the following petitions to the USCIS using Form I-290B:
- Form I-129CW: Petition for Nonimmigrant Transitory Worker of the Commonwealth of the Northern Mariana Islands (CNMI) Only
- Form I-129F: Petition for Foreign Fiance
- Form I-129: Petition for Nonimmigrant Worker H1-B, H-2, H-3, L, O, P, Q or R
- Form I-131: Travel Document Application
- Form I-140: Immigrant Petition for Foreign Worker
- Form I-212: Application to enter the United States after being deported or expelled
- Form I-352: Migratory Link
- Form I-360: Petition for Amerasiático, Widower or Special Immigrant. Please note that only the people mentioned in Part 2, Item A or Part 2, Items C to M can make an appeal using Form I-290B.
- Form I-485: Application for Permanent Residence Registration or Adjustment of Condition. Keep in mind that you can only submit this form for one of these reasons:
- Your request to obtain a permanent resident card (green card) was denied because you could not prove that you had a true marriage while you were in removal proceedings.
- Your request to obtain a green card as an Indo-Chinese refugee under Public Law 106–429 sec. 586 or Public Law 95–145 sec. 103 was denied.
- Your request for a U or T visa was denied.
- Your request to obtain a green card under section 13 of the INA law because of your status as a diplomat was denied.
- Your request to obtain a green card pursuant to Part 2, Item H of Form I-485 as qualified by Life law was denied.
- Form I-526: Petition of Immigrant of Foreign Entrepreneur
- Form I-600: Application to Classify Orphan as Direct Family
- Form I-600A: Application for Advanced Orphan Petition Process
- Form I-601: Application for Exemption from Cause of Inadmissibility
- Form I-612: Application for Exemption of Residence Requirement Abroad
- Form I-800: Petition to Classify a Convention adopter as a direct relative
- Form I-800A: Request for determination of suitability to adopt a child from a Convention country
- Form I-821: Temporary Protection Condition Application
- Form I-905: Application for Authorization for the Issuance of Certificates for Medical Assistance Workers
- Form I-914: Application for Condition T of Nonimmigrant
- Form I-914A: Application for T-1 Receiver Direct Family Member
- Form I-918: Petition for U Nonimmigrant Condition
- Form I-918A: Petition for Family Qualifying as Receiver U-1
- Form I-924: Application for Regional Center according to the Immigrant Investor Pilot Program
- Form I-929: Petition for Qualifying Family Member of a U-1 Nonimmigrant
- Form N-470: Application to Maintain Residence for Naturalization Purposes
- Form N-565: Application for Replacement of Citizenship / Naturalization Document
- Form N-600: Application for Certificate of Citizenship
- Form N-600K: Application for Citizenship and Issuance of Certificate according to Section 322
- Your Certificate of Citizenship was canceled according to the Immigration and Nationality Law (INA) §342. The USCIS canceled your Certificate of Citizenship because it determined that you obtained the certificate illegally.
You must submit Form I-290B within 30 days after the USCIS decision or 33 days after receiving the decision by mail. Persons appealing the cancellation of an immigrant petition that had been approved must make the presentation within 15 days after a verbal decision and 18 days after a decision sent by mail.
To submit Form I-290B, you must include a check or money order for $ 675 payable to the “US Department of Homeland Security.” DO NOT send cash.
Form I-694: applications for temporary residents and exemptions from grounds of inadmissibility
You can file Form I-694: Notice of Appeal Decision according to Sections 245A or 210 to appeal decisions on the following:
- Form I-687: Temporary Resident Status Application according to Section 245A of the INA
- Form I-690: Application for Exemption from Cause of Inadmissibility Under Sections 245A or 210 of the INA
- Form I-698: Application for Adjustment of Temporary Condition to Permanent Resident
You must mail Form I-694 to the address mentioned in your Notice of Denial along with a check or money order for $ 890 payable to the “US Department of Homeland Security.” DO NOT send cash. You must submit your request within 30 days after the date mentioned in your Notice of Denial.
Form N-336: naturalization requests
To appeal a decision on Form N-400: Naturalization Request, you must submit Form N-336: Request for Hearing on Decision in Naturalization Procedures. You can submit the form with a copy of the Notice of Denial and a filing fee of $ 700 within 30 days after receiving the Notice of Denial (or 33 days if the notice was sent to you by mail). You can include any additional documents that would support your case on Form N-336 when you file it. (You can also present those supporting documents at the hearing). Active members of the US service whose Form N-400 was denied they do not have to pay the filing fee of $ 700.
Form EOIR-29: immigrant petition requests
To appeal a decision on Form I-130: Petition for a Foreign Relative or Form I-360: Petition for Widower, you can file Form EOIR-29: Notice of Appeal to the Board of Immigration Appeals of a Decision on an Immigration Officer.
You must send the application with a check or money order for $ 110 payable to the “US Department of Homeland Security.” DO NOT send cash. Send the form to the address mentioned in your Denial Notice. DO NOT mail the petition directly to the Board of Immigration Appeals.
To appeal a decision on Form I-130, write the alien registration number (number A) of the relative for whom you make the request at the top of Form EOIR-29.
Form EOIR-26: decisions taken by an Immigration judge
To appeal a decision of an Immigration Judge, you must submit Form EOIR-26: Notice of Appeal of a Decision of an Immigration Judge to the Board of Immigration Appeals (BIA) with a filing fee of $ 110.
You must first “reserve the appeal” after the Immigration judge makes the decision. This means that you ask the court for authorization to appeal or object to the judge’s decision and that you do not give up your right to appeal. Once you have reserved the appeal, the judge will give you an EOIR-26 Form. You must submit this form within 30 days after the Immigration judge has made the decision.
The filing fee for Form EOIR-26 is $ 110. The check or money order must be payable to the “US Department of Justice.” DO NOT send cash. Write your name and number A on the check or money order.
The BIA must receive Form EOIR-26 within 30 days after the judge has made the decision. You must send your request by mail at least one week before those 30 days pass so there is time to send it to the BIA.
Most of the information you will need about who to appeal to and when to file the appeal will be available in your Notice of Denial, so read it carefully. If in doubt, submit your appeal within 30 days after the denial. Never abbreviate the “US Department of Homeland Security” on your check or money order. Write you’re A number (if applicable) on the check or money order along with your name.
How to Get a Green Card for Parents
One of the great reasons for those who have the green card and give way to U.S. citizenship. is that you can use that immigration status to help your parents obtain residence cards in the United States.
The US immigration system It puts great value in keeping families together. The way family requests work begins with an immigration chain that can be extended throughout a large family.
Immigrants have chosen the United States to relocate their families for centuries and as citizens of this country, they can be the basis on which their family is established in the United States.
President Obama’s government implemented a stimulus program so that green card holders could apply for citizenship.
But, that leaves a question: how to help a father immigrate to the United States? Here is a summary of how it is done.
Green Card for Parents: Petition
The first step in any family-based immigration process is the filing of Form I-130, Petition for a Foreign Relative.
To better understand how this form is used, imagine that it is part of a conversation between you and the US government. Using Form I-130, he asks the government that his father can reach the United States.
Form I-130 is presented with documents that tell the US government. why his father should be allowed to live in the US In this case, the supporting documents must legally prove that your father is really the person he claims to be.
Often, this can be easily achieved by showing your birth certificate where your father’s name and identity appear on the certificate. However, there are many other documents that can prove your relationship including adoption documents or baptismal certificates.
Green Card for Parents: Immigration
When the petition is approved, work in the immigration process for their parents is now their responsibility (or his or her) to successfully complete the process.
When a visa number is available, your father can apply for immigration to the United States at the consulate of the city where he lives; It can also be applied to adjust your status if you currently live and legally in the US.
There are, of course, many other smaller steps along the way, but this is a general outline of how a US citizen can apply for his parents’ immigration.
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