Termination of Conditional Residence: Risks and Consequences
Termination of conditional permanent residence occurs when USCIS denies the petition to remove conditions in Form I-751 on marriage-based green card. This can happen whether the I-751 was filed as joint filing or waiver because of divorce or abuse (VAWA) or death, often due to concerns about marriage authenticity, missing evidence, late filing, or suspected fraud or misrepresentation.
Conditional permanent resident status is granted for two years and expiration date is stated on the green card. In the last ninety days, before the expiry of the two year conditional green card, the foreign national must file the Form I-751 to remove conditions from their conditional permanent residence and approval of this would grant the ten-year green card.
Failure to timely seek removal of conditions may result in automatic termination of conditional permanent resident status.
Common Reasons for I-751 Denial
I-751 adjudication centers around the inquiry whether the marriage was entered in good faith and not for the purpose of immigration benefit. Conditional resident status may be terminated due to combination of these factors:
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Failure to prove a bona fides marriage
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Insufficient or weak supporting evidence
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Late filing without adequate justification
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Suspected misrepresentation or fraud
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Separation, divorce, or lack of spouse cooperation
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Poorly prepared waiver petitions
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Inconsistent statements
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Prior immigration issues
Often, denials are because how the case facts and evidences are presented. Sometimes, fraud or misrepresentation and/or signs of marriage abuse are also present. Also, officer may conclude an insufficient evidence of marriage bona fides issue to be evidence of fraud or misrepresentation, complicating the issue further. A finding of fraud may be seriously problematic for future immigration benefits applications. It is therefore necessary that a finding of fraud or misrepresentation is contested further.
Spouses who are separated and divorced, face harder times dealing with emotional issues. Conflicts arising due to a breaking marriage often lead to immigration problems for the foreign national spouse. The petitioning spouse frequently turns non-cooperative. Consequently, the foreign national spouse may not be in the right frame of mind in establishing the burdensome requirements of filing Form I-751 removal the conditions.
Immigration Consequences of Termination of Conditional Permanent Residence
Denial of the petition to remove conditions in Form I-751 may be appealed.
Upon termination of conditional status:
- the conditional resident status is automatically terminated
- the foreign national becomes removable / deportable.
- USCIS forwards the matter to the immigration court
- Removal proceedings are initiated.
- Foreign national may again request removal of conditions in the immigration court.
In removal proceedings, the foreign national gets a second shot before the immigration court and can again request removal of conditions as a relief from removal and seek cancellation of removal.
Haranlaw assists with termination of conditional permanent residence in Carmel, Indianapolis, and throughout Indiana; serving clients nationwide in federal immigration matters, as an immigration lawyer in Indianapolis.