Documents FOR the Petition to Remove Conditions on Permanent
USINFO | 2013-10-28 13:48

 

•Cover letter
•Form I-751, Petition to Remove the Conditions on Residence
•Copy of USCIS Form I-551 (Permanent Resident Card)

You must include it for you and for any of your conditional resident children you are filing in your petition. Submit copies of both front and back sides of the card.

•Application fee must be sent with the application.
Additionally, biometric fee is required. You can either make two separate checks or a combined check. Separate biometric fees are required for each applicant and for each dependent.

•Evidence that you did not get married to evade the immigration laws of the U.S.

The documents should cover the period from the date you received the conditional green card to the filing of this petition.
 
You may also submit affidavits sworn to or affirmed by at least 2 people (who are either U.S. citizens or lawful permanent residents) who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you and your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. The signatures must be notarized.

Affidavits must be supported by other types of evidence listed above.

•Criminal History
If you have ever been arrested or detained by any law enforcement officer for any reason:

oNo charges were filed:
An original official statement by the arresting agency or applicable court order confirming that no charges were filed.

oCharges were filed or, if charges were field against you without an arrest:

An original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g., dismissal order, conviction record, or acquittal order.)

If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:
 
3.An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically:

A.An original or certified copy of your probation or parole record; or

B.Evidence that you completed an alternative sentencing program, or rehabilitative program.

4.An original our court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or otherwise removing the arrest or conviction; or

5.If no record is available, an original statement from the court that no record exists of your arrest or conviction.
NOTE: You do not need to submit documentation for traffic fines incidents, unless

oA traffic incident was alcohol or drug related

oAnd it did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver's license.
Circumstances specific

oResiding overseas
Those who reside overseas pursuant to military or Government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following additional items:

2 identical photographs for each applicant and dependents regardless of age

If you are between the ages of 14 and 79 (applicants and dependents), two completed fingerprint cards (Form FD-258). Make sure that the completed cards are not bent, folded, or creased. You must indicate your A Number on the fingerprint card. You need to fingerprint cards prepared by a U.S. Embassy or consulate, USCIS office, or U.S. Military installation.

If you are filing based on military or Government orders, make sure to write "ACTIVE MILITARY" or "GOVERNMENT ORDERS" on top of Form I-751 and submit a copy of your current military or government records.

oFiling a joint application with your spouse
Form I-751 must be signed by both you and your spouse

oYou are a widow(er)
Copy of your spouse's death certificate

oYour marriage was terminated other than by the death of your spouse

Evidence that you entered in the marriage in good faith

Copy of your divorce or annulment decree

If you are in divorce proceedings, but not yet divorced, you may not apply for a waiver of the requirement to file a joint petition, based on the "good faith" exception.

Evidence that you were not at fault in failing to file the petition on time, if applicable.

oYou or your child were battered or subjected to extreme mental cruelty by your spouse

Evidence that you entered in the marriage in good faith

Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:

Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described above; or

Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well photographs evidencing your injuries.

Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.

Evidence that you were not at fault in failing to file the petition on time, if applicable.

If you are a victim of domestic abuse, you can find help through the National Domestic Violence Hotline at 800-799-7233 or 800-787-3224 (for hearing impaired). Help is available in Spanish and other languages.

The Violence Against Women Act allows abused spouses and children of U.S. citizens and LPRs to "self petition", or file their own petition to become a lawful permanent resident.

oYou are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in "extreme hardship"

Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:

USCIS Form I-751 (Petition to Remove the Conditions on Residence)

Copy of USCIS Form I551 (Permanent Resident Card)

Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.

The evidence must be related only to those factors that arose since you became a conditional resident.

However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence.

oYou are a child filing separately from your parents

A written explanation of why you are filing separately from your parents, and any supporting documentation.

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