For those who have a conditional permanent residence card based on a marriage, there is a requirement to remove this condition either jointly or if no longer married with a waiver  to remove the condition (Form I-751).  This process was fairly simple but lately our law firm has noticed more and more  complications in this area. Recently, the USCIS  California Service center  has made some very important clarifications to AILA which are worth noting:

  1. CSC advised that all late-filed Form I-751 petitions should initially include a written statement from the petitioner explaining the cause of delay.
  2. CSC advised that, for all I-751 petitions, evidence of the bona fide marital relationship should be submitted documenting the entire two-year conditional period, and not just the most recent period prior to the filing of the petition.
  3. CSC reminded stakeholders that an I-751 petition is filed separately by (a)child(ren), it must be signed by the child (if over the age of 14) and the biological parent.

In addition, the CSC has now mentioned that I-751 interviews are not randomly scheduled anymore.  Whenever, an interview is scheduled, there are probably issues with the case.  Therefore, you need to prepare yourself for the interview.

You can watch a reenactment of a marriage interview on the video below to get an idea of a joint marriage interview. In fact, the removal of conditional residence interview is very similar to a regular marriage fraud interview in case of a joint filing interview. As for the waiver interview, the officer will usually rely on your evidence and statement.

Based on the updates from USCIS CSC and what we are experiencing recently, it seems that the removal of conditional residence is no longer a simple matter. As such our law firm highly recommends that you retain a law firm to assist you in your I-751 filing instead of risking a delay on your case or a possible denial.

For more information, please call us at 510 742 5887.



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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).