FACTS:
A conditional U.S. Lawful Permanent Resident (someone who holds a 2-year “green card”) came to our firm after being placed in removal proceedings. USCIS had denied her I-751, Petition to Remove Conditions on Residence, and her U.S. Citizen husband had died – leaving her a widow. Although USCIS denied her Form I-751 Petition in 2009 and placed her in removal proceedings in 2011, she was still in deportation proceedings five (5) years later!! When she hired us, she had a court hearing scheduled for the next week. Importantly, the client also had a new and approved Form I-130 Petition for Alien Relative filed by her U.S. Citizen son – an alternate form of relief.
THE LAW:
A conditional permanent resident receives a “green card” valid for 2 years. This is most common in cases where the underlying marriage was less than 2 years old at the time of the adjustment of status. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.
When you are preparing a Form I-751, Petition to Remove Conditions on Residence, you have 2 basic choices: (1) You may file a “joint” petition – together with your spouse – requesting that USCIS remove conditions on residence, or (2) file a “waiver” Petition requesting that USCIS remove conditions on residence without your spouse.
If USCIS denies your Form I-751 Petition, you have a right to review that denial in U.S. Immigration Court.
THE RESULT:
With less than a week until the next hearing date, Mr. Miller quickly contacted the U.S. Department of Homeland security to discuss the case. Since the client had an alternate means of adjusting status, Mr. Miller made arrangements with the Assistant Chief Counsel assigned to the case to present a Joint Motion to Terminate proceedings. By the time Mr. Miller and his client appeared in Court, the government had agreed to terminate the removal proceedings to seek adjustment of status before USCIS.
DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.
