Landerholm Law Office Staff Training: I-751 August 23, 2013

Intro to the Form I-751

What is the form I-751? An application to remove the “conditions” from a person’s green card.

Who has “Conditions” on their Green Cards? Only people who: (1) got their green cards through marriage, and (2) had less than 2 years of marriage when they applied for the green card.

How long do the Conditions last? 2 years! This means that you will lose your green card if you fail to file the form I-751 before your green card expires after 2 years. When to file the I-751? Within the 90 days before your green card expires!

What happens if you don’t file? You get an N.T.A. and you get sent to Removal Proceedings. The Government will try to deport you!

How to Remove the Conditions?

How to Remove the Conditions: The 5 Options: 1. File it Jointly with evidence of good faith marriage. 2. File it based on a marriage that has terminated but was entered into for good faith. 3. File it based on abuse (subject to battery or extreme cruelty), but only if the marriage was entered into for good faith. 4. File it based on extreme hardship. 5. Death of spouse.

Option 1: Joint Filing 1. Always the best option if the spouse is willing to join (b/c there are stricter rules for the government to deny them!). 2. Must file them 90 days before green card expires. 3. Must submit lots of evidence of good faith marriage.

Evidence of Good Faith Marriage Birth certificates of any children (listing both spouses as the parents), Lease or Mortgage showing joint occupancy, Financial records showing joint ownership of assets, cars, medical records, insurance, etc., Pictures of any trips or visits, Joint Tax Returns (showing “married filing jointly”), Phone records, s, Skype records, Plane tickets, Passport stamps, Credit card statements with names of both spouses, Wedding announcement and/or wedding photographs, Auto insurance and registration showing both spouses as carriers and owners, Other evidence you have showing that your marriage was entered into legitimately, and Affidavits by at least two people who have known you and have personal knowledge of your relationship.

Option 2: Marriage Terminated but Entered into in Good Faith An applicant can request a “waiver” of the joint residency requirement if he/ she can prove: 1. Applicant intended to have a bona fide marriage when he / she got married. (See previous slide). 2. That the marriage has ended (through divorce, annulment, or other proceeding – not through death). 3. That it was not the applicant’s fault that he / she couldn’t file a joint petition. (Unclear in the law what this means – but should include an explanation in declaration format when submitting the I-751).

3. Battery or Extreme Cruelty Waiver. Applicant can waive the joint filing requirement if: 1. He/she married in good faith. (See evidence two slides ago). 2. That the USC or LPR spouse battered or treated with extreme cruelty the applicant or the applicant’s child. 3. The abuse happened during the marriage. What does “extreme cruelty” mean? CIS includes as examples: psychological abuse, threats, sexual abuse or exploitation.

4. Extreme Hardship An applicant can also waive the joint filing requirement if: 1. Extreme Hardship will result if the applicant is deported. 2. Note, good faith is NOT a requirement for this! 3. Law does not specify hardship to whom – (so argue to everyone effected!) 4. How to show extreme hardship? (See next slide)

Proving “Extreme Hardship” Look to Applicant’s: Age, Medical Issues, Length of stay in the US, Family + Community Ties, Work history and employability, Home country’s conditions, Disruption to educational, economic, or cultural opportunities, Everything else you can think of!

5: Death If the spouse has died, there is no need to file the joint residency requirement, but you still need to file form I- 751! File with a death certificate. File with proof of bona fides. No need to show additional hardship.

Our office resources Look under LLO Templates File called i-751. Checklist of evidence required. Sample letter to the client. Sample declaration to give the client (client needs 2 of them).

The end.