Removing Conditions on Residence (Form I-751)

Immigration Attorneys Serving San Jose, Pleasanton & the Bay Area

At The Ahluwalia Firm, we represent conditional permanent residents in San Jose, Pleasanton, and throughout the Bay Area in removing the conditions on their green cards and securing permanent legal status in the United States. If you hold a conditional green card (CR1 or IR1), you must file Form I-751, Petition to Remove Conditions on Residence before your two-year card expires to maintain your status and avoid losing your residency.

Our experienced immigration attorneys provide strategic, results-driven representation, ensuring your petition is prepared, filed, and supported with the strongest possible evidence.

Understanding Removing Conditions on Residence

Conditional permanent residency is typically granted when your green card is based on marriage to a U.S. citizen or permanent resident. This status is valid for only two years. Before your card expires, you must file Form I-751 to remove these conditions and obtain a 10-year permanent resident card.

Failure to remove conditions on time can result in termination of your resident status and potential removal proceedings. Working with a qualified immigration attorney is the most effective way to protect your status.

Step-by-Step Process for Form I-751

At The Ahluwalia Firm, we handle every stage of the process with precision, ensuring compliance with all USCIS requirements:

• Eligibility Confirmation – We conduct a detailed assessment of your circumstances to confirm you meet the legal criteria for removing conditions, whether through a bona fide marriage or another qualifying basis such as investment.
• Petition Preparation and Filing – Our attorneys prepare and file a complete, accurate Form I-751 petition, ensuring all required signatures, fees, and documentation are submitted in accordance with USCIS standards.
• Evidence Compilation – We assemble and organize compelling supporting documentation, such as joint financial statements, property ownership records, tax returns, utility bills, photographs, and affidavits from family and friends, to substantiate your case.
• Biometrics Coordination – We monitor your case for the USCIS biometrics appointment, ensuring that fingerprints, photographs, and background checks are completed promptly.
• Interview Representation – If an interview is required, we provide tailored preparation and legal representation to present your case effectively and address any USCIS inquiries.
• Approval and Issuance of Permanent Card – Once approved, the conditions on your green card are removed, and you will receive a 10-year permanent resident card, granting you long-term stability and security in the United States.

Removing Conditions After Divorce or Separation

If your marriage has ended or is in the process of ending, you may still qualify to remove the conditions on your green card by applying for a waiver of the joint filing requirement. This allows you to file Form I-751 on your own, without your spouse’s participation, if you can show that your marriage was entered into in good faith but could not continue due to circumstances beyond your control.

Common Legal Grounds for a Waiver

USCIS may approve a waiver under one or more of the following:

• Good Faith Marriage Terminated by Divorce or Annulment – You married your spouse with genuine intent but the relationship ended due to divorce or annulment.
• Bona Fide Marriage with Abuse – You entered the marriage in good faith but experienced physical abuse, emotional cruelty, or extreme hardship from your spouse.
• Extreme Hardship – You can show that removal from the United States would cause you significant hardship, based on personal, family, or country conditions.

Why Waiver Cases Require Experienced Representation

Waiver applications are subject to greater scrutiny than jointly filed petitions. You must provide convincing documentation to prove your eligibility and overcome any presumption of marriage fraud. Without strong evidence, USCIS may deny your petition and initiate removal proceedings.

Our Approach to I-751 Waiver Cases

The Ahluwalia Firm has extensive experience representing clients in complex, high-stakes waiver applications. Our services include:

• Comprehensive case evaluation to identify the strongest legal basis or combination of bases for your waiver.
• Preparation of a detailed legal brief addressing USCIS criteria and potential concerns.
• Compilation of persuasive evidence, such as financial records, affidavits, photographs, police reports, medical documentation, or expert statements.
• Interview preparation and representation before USCIS.
• Strategic responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).

Our goal is to protect your immigration status and help you obtain your 10-year permanent resident card, even in challenging personal circumstances.

Benefits of Removing Conditions on Your Green Card

• Permanent Residency – Secure your long-term status in the United States without the need for biennial renewal.
• Eligibility for U.S. Citizenship – Begin the process of naturalization once you meet residency requirements.
• Freedom to Work and Travel – Live, work, and travel without the limitations of conditional status.

Why Choose The Ahluwalia Firm?

• Local Knowledge & National Reach – Serving clients in San Jose, Pleasanton, and across the Bay Area while representing individuals nationwide.
• Proven Results – Successful outcomes in both standard and waiver-based Form I-751 cases.
• Full-Service Representation – From eligibility review to interview preparation, we are with you at every step.

Contact Our San Jose & Pleasanton Immigration Attorneys

If you are ready to remove the conditions on your green card, whether through a joint petition or a waiver, The Ahluwalia Firm is here to guide you.

Call us today to schedule a confidential consultation and take the next step toward securing your permanent resident status with confidence