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Do I Need An Attorney To File My USCIS Form I-751, Petition To Remove Conditions Of Residence?


No, if you are a Lawful Permanent Resident (“Green Card holder”) with a conditional (“temporary” or “2-year”) Green Card holder, you do not need to hire an attorney to help you with the filing for USCIS Form I-751, Petition to Remove Conditions of Residence.

This being said, there are many benefits of retaining an experienced immigration attorney. Here are 9 benefits of hiring an experienced immigration attorney.

  1. Untimely Filing – If you are filing the I-751 petition after your conditional Green Card expires, you will need to provide “good cause” to explain the untimely filing. Failure to provide sufficient information related to the late filing may lead to the denial of the petition. When a petition is denied, the filing fees are not returned, and most likely, the foreign national will be placed in removal/deportation proceedings.
  2. Joint Filing And Divorce – If your marriage is rocky, an experienced immigration attorney can help protect you. Whether you have already filed for a divorce or thinking of filing a divorce, an experienced attorney can help increase your chances of obtaining a permanent resident card even though you are filing the petition yourself (commonly referred to as “self-filing”.
  3. Prior Request For Evidence Or Prior Notice Of Intent To Deny Due To An Allegation Of Marriage Fraud – If you received a Request for Additional Evidence (RFE) or a Notice of Intent to Deny (NOID) when you initially filed your marriage-based Green Card petition, this may indicate that the government may scrutinize your marriage again when you file the I-751 petition.
  4. Continued Work authorization – As of 9/27/2019, the average processing period for the adjudication of USCIS Form I-751, Petition to Remove Conditions of Residence for all field offices is 21 to 41.5 months. Strangely, when USCIS issues the Receipt Notice, the notice will only extend a conditional Green Card holder’s status for 18 months. An experienced immigration attorney can help clients obtain proof of their ability to continue working, in the event that the case is still pending after 18 months.
  5. Continued Travel Authorization – An experienced immigration attorney can help clients obtain documents, which will allow them to travel abroad with fear of not being able to return.
  6. Human Resources Or Employer Discrimination – Our legal services include assistance dealing with inexperienced HR managers or employers, who are unaware of conditional Green Card holders’ authorization to work beyond the Green Card’s expiration date.
  7. Smoother Permanent Green Card Process – In the event that the adjudication period of USCIS Form I-751 Petition to Remove Conditions of Residence is outside the posted, average processing period, an experienced attorney can help clients take steps to expedite the process. Experienced immigration attorneys can utilize several different ways to help expedite a stalled case.
  8. Waiver Of The Interview – If you do not want to attend a second marriage interview, an experienced attorney can help you collect sufficient documents to decrease your chances of having to attend another marriage interview.
  9. Unexpected Changes – If you experience an unexpected change in your immigration status (i.e. charged with a crime, convicted of a crime, changed address, obtained a divorce, etc.), an experienced immigration can help you determine what you can do to decrease the chances of having your I-751 petition denied.

If you are concerned about the filing of USCIS Form I-751, Petition to Remove Conditions of Residence, it is imperative that you retain an experienced immigration attorney to assist you with your case. Immigration attorneys are allowed to practice nationwide. This means that if you are in an area that does not have qualified immigration attorneys, you can hire an immigration attorney in a different state.

For more information on Do I need an attorney to file my USCIS Form I-751, Petition to Remove Conditions of Residence, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.

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