I-751 Petition Attorneys in San Jose

Helping Clients Remove Conditions from Green Cards and Stay in the Country Permanently

Many couples use conditional resident status to bring one spouse into the US. This status allows family members to live together with fewer hurdles than obtaining permanent status. However, achieving permanent resident status has many benefits and is a goal you or your spouse might be working toward. The immigration process can be complicated and discouraging, with complex requirements from the USCIS, delays, and potential denials.

If you or your spouse wishes to update their conditional status to become a lawful permanent resident, you should consider speaking with a trusted immigration attorney about your options. An immigration attorney can help prove that you entered the marriage in good faith and that you deserve a green card with no conditions. With a successful green card application, you can live and work permanently in the US and eventually obtain United States citizenship.

At The Law Offices of Daniel Shanfield Immigration Defense P.C., we are dedicated to helping family members unite and stay together on US soil. We recognize that the American dream is attainable, although it sometimes requires strenuous effort. We will not rest until we’ve used all of our talents, knowledge, and skills to get you the best chance of approval possible. Contact our law office right away for help filing your Form I-751 and upgrading your immigration status from conditional resident to permanent resident. You can reach us at 408-359-4388 for more information.

What Does the Form I-751 Do?

To avoid the risks of immigration fraud, the United States Citizenship and Immigration Services (USCIS) only permits newly married foreign nationals to receive a conditional green card. This conditional residence allows the person to remain in the US for two years before the green card expires. If your CR-1 green card will be expiring soon or has already passed its expiration date, you should submit Form I-751 as soon as possible to remove the conditions of residency and seek to become a permanent resident.

Form I-751 approval extends the validity of your green card from two to ten years, allowing you to live and work for a much more extended period in the United States. You may still file an I-751 petition to remove conditions even if you are no longer married to your spouse or if they passed away. However, petitioning without filing jointly is more complicated and requires a greater depth of documentation. Having a criminal record can further complicate the process. An experienced family immigration lawyer can help you gather the necessary information and defend you in order to get approved for updated status.

What Are the Steps for Filing Form I-751?

One of the most important aspects of filing for removal of conditions on your green card is to do so in a timely manner before your conditional green card expires. We recommend starting the process right away, including speaking with an immigration attorney for advice regarding your specific case. If your conditional status has passed its renewal date, there is still hope in working with a knowledgeable immigration attorney.

The basic steps for filing Form I-751 are as follows:

Speaking with a trusted legal representative to be sure you are eligible to have your conditions removed
Submitting the Form I 751 with the help of a knowledgeable attorney
Including necessary documents and personal information, such as joint bank statements, marriage and birth certificates
Listing the reasons for a petition to remove conditions
Seeking waivers if you are not able to file jointly
Providing essential information about your spouse and children born to the two of you
Signing the document along with your spouse if you are joint filing
Submitting to biometric testing
Attending interviews and answering questions honestly
Waiting for your decision

Our legal team can help you collect the needed documents and obtain waivers if your circumstances prevent you from joint filing. For example, we can help you demonstrate that filing jointly or losing your immigration status would create extreme hardship for you and your family members. Reach out to our law firm today for dedicated attorneys who understand family-based immigration and will fight for you.

Who Is Eligible to Have Their Conditional Status Removed?

Some criteria for eligibility to become a lawful permanent resident include:

You and your US citizen or permanent resident spouse are still married after two years have passed
You and your spouse have filed Form I-751 jointly within the expiration of your conditional green card
Your spouse died, making it necessary for you to file independently
You and your spouse are divorced, even though you entered the marriage in good faith
You are or have been abused by your permanent resident or US citizen spouse
Removing you would cause extreme hardship

Your children who are conditional residents may also apply for removal of conditions. In some cases, the child may be included with your petition, while other times, the child needs their own I-751 form. Consulting with a law firm that helps family-based immigrants is an excellent way for you and your loved ones to become lawful permanent residents. Reach out to our San Jose legal team right away for excellent legal services.

Are There Exceptions to Filing Jointly to Remove Conditional Status?

USCIS recognizes that certain circumstances prevent someone from filing jointly. These include families who have suffered abuse or torture at the hands of a US citizen or legal permanent resident. In other cases, the citizen’s spouse died, making joint filing impossible. An experienced immigration attorney can help determine whether you meet these exceptions. They can also help gather supporting documents to prove you deserve a green card without conditions.

Proving that you meet the joint filing exceptions can be complex. You should enlist the help of an experienced immigration attorney to prove that you can not file jointly and that your removal would cause extreme hardship. Your lawyer will help you provide evidence and obtain waivers that allow you to petition independently. Call our knowledgeable, caring legal team right away for help overcoming the challenges of getting the conditions removed from your immigration status.

How Can Your Immigration Attorneys Help with My Form I-751 Petition to Remove Conditions?

If you are at risk of being separated from your loved ones because of challenges with your I-751 petition or are facing removal for any reason, you probably feel stressed and anxious about the future. However, you don’t have to go through this challenging time alone. An experienced immigration attorney like those at our law firm can provide personalized legal counsel based on your needs. They can advise you based on years of experience with constantly changing immigration laws.

Some other tasks a lawyer can help with include:

Identifying which petition matches your unique situation
Filling out the proper forms in a timely manner to avoid delays
Providing supporting documents, such as birth certificates, bank statements, and other evidence of your good faith marriage
Offering legal counsel, often in your native language, to overcome communication barriers
Communicating with USCIS on your behalf
Representing you with confidence to avoid deportation proceedings
Proving admissibility, even in cases where you have criminal offenses on your record
Providing emotional support during trying circumstances

At our law firm, we understand how difficult it can be to face separation from your loved ones. The constantly changing nature of immigration law in the United States can make navigating these legal procedures confusing and frustrating. We will stand by your side and fight aggressively for you and your family’s right to remain together on American soil.

Should You Hire Our San Jose I-751 Petition Lawyers?

While the path toward citizenship can appear overwhelming, the rewards far outweigh the struggle. Our team of attorneys is proud to help deserving individuals overcome challenges to get a permanent green card and citizenship. We will tailor our immigration services to your unique situation, including helping you file your Form I-751 either jointly or independently.

At The Law Offices of Daniel Shanfield Immigration Defense P.C., we are dedicated to giving each client the respect and attention they deserve. When you come to our law firm, you are much more than a case number. We see that you represent a family depending on you for a successful immigration case, and we will dedicate our time, energy, and honesty to helping you achieve your goals.

Our team of immigration attorneys is passionate about getting the results our clients expect. We will communicate consistently throughout the entire process as we fight aggressively for your family. Contact our compassionate legal team for assistance as you petition to remove conditions from your green card. You can reach us at 408-359-4388.