Common Mistakes with Conditional Permanent Residence
Anyone with a conditional permanent residence must file to remove conditions before the expiration of their green card. Unfortunately, some immigrants make simple errors and fail to remove their conditions in a timely fashion. Even worse, they can end up staying in the U.S. too long, which can have many negative downstream consequences. Below, our New Hampshire immigration lawyer looks at certain mistakes and offers tips on how to prevent them.
Going Past the 90 Day Filing Deadline
You must file Form I-751 or I-829 within 90 days before the date your conditional green card expires. Unfortunately, some residents are unaware of this deadline. They only realize they need to file these forms after the deadline has already passed or there are only a handful of days remaining.
When people rush to gather the evidence they need, they can overlook critical details or fail to use the best evidence. Submitting blurry marriage certificates or stale financial information can delay the process. When rushing, you might also submit inaccurate information, raising concerns about immigration fraud.
What to do: Start early. You should reach out to an attorney as soon as your conditional green card is approved to discuss what evidence you will need. For example, someone needing to prove a bona fide marriage will need a substantial amount of documentary and witness evidence. You don’t want to be left scrambling to build a case with only days remaining.
Providing Incomplete or Inaccurate Information
It is critical that anyone seeking an immigration benefit use great care when completing and submitting paperwork to USCIS. The current administration is often seeking to cancel green cards or even denaturalize citizens for making simple errors in their paperwork. Fraud or misrepresentation can also result in criminal charges and deportation.
What to do: Work with a lawyer, who provides a second set of eyes. A lawyer can also double-check that dates and other information on your form match the information on supporting documentation. A lawyer can also address any concerns if your paperwork is incomplete.
Ignoring Requests for Evidence (RFE)
You might get an RFE if USCIS needs supplemental information or if they are not sure of the information you have provided. You cannot ignore an RFE, which can result in a denial of an immigration benefit.
What to do: Immediately stop and read the RFE as soon as you receive it. Working with a lawyer is one way to ensure that you provide everything upfront, making the RFE unlikely.
Reach Out to Our Law Firm Early
Removing conditions is a complicated process, and no one with a conditional green card should attempt the process alone. Reach out to the Law Office of Jason M. Sullivan, PLLC, today and schedule a private consultation. Our Portsmouth, New Hampshire and Miami, Florida immigration lawyer can review the status of your case and answer questions. Our firm understands the process of removing conditions, whether you obtained a conditional card as an investor or because of marriage.