O que você precisa saber sobre a remoção das condições do seu green card condicional por meio do casamento
Denice Flores • November 9, 2023
Click here to read this article in English
🥳 Parabéns! Você recebeu um green card condicional através do seu casamento.
O seu status de residente condicional é válido apenas por 2 anos. Para evitar a perda do status legal nos Estados Unidos, você deve apresentar o Formulário I-751, Petição para Remover Condições de Residência, 90 dias antes do vencimento do seu green card condicional. É fundamental que você envie o Formulário I-751 para remover as condições dentro do prazo, pois, caso contrário, corre o risco de ficar sem status e o Departamento de Segurança Interna dos EUA poderá emitir um aviso de comparecimento e colocá-lo em processo de remoção perante um Juiz de Imigração.
Quando você apresentar a petição para remover as condições, se ainda estiver casado com o mesmo cidadão americano ou cônjuge residente permanente legal (LPR), você pode apresentar o Formulário I-751 com o seu cônjuge cidadão americano ou LPR, isso é chamado de "apresentação conjunta". O tipo de documentos comprobatórios que você enviar deve ser documentos que mostrem que você e seu cônjuge compartilham finanças e responsabilidades conjuntas, e qualquer outro documento que mostre que você entrou no casamento de boa-fé e continua sendo um casamento real.
Se você se separou ou divorciou do seu cônjuge cidadão americano ou LPR, no momento da apresentação da petição para remover as condições você ainda pode apresentar o Formulário I-751 e solicitar uma isenção nas seguintes situações. Lembre-se, independentemente disso, você deve comprovar que entrou no casamento de boa-fé.
- Se o cônjuge cidadão americano ou LPR estiver falecido;
- Se o casamento terminou por divórcio ou anulação;
- Se você sofreu abuso ou crueldade extrema por parte do cônjuge cidadão americano ou LPR; ou
- Se a rescisão do seu status de residente e a remoção dos EUA resultarem em dificuldades extremas.
Se você estiver solicitando uma isenção e apresentando o Formulário I-751 individualmente, envie documentos comprobatórios para comprovar que o casamento foi celebrado de boa-fé e também evidências de abuso, divórcio ou anulação, se aplicável
Por favor, observe que, após apresentar o Formulário I-751, o Serviço de Cidadania e Imigração dos EUA (USCIS) pode exigir que você participe de uma entrevista para demonstrar sua elegibilidade para remover as condições da sua residência.
Se você tiver alguma dúvida, por exemplo, sobre as circunstâncias específicas do seu caso, o tipo de evidência a ser apresentado com o Formulário I-751 e o processo de entrevista, por favor, agende uma consulta com um de nossos advogados experientes, e teremos o prazer em lhe auxiliar
Este blog não se destina a fornecer aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de um relacionamento advogado-cliente. Por favor, agende uma consulta com um advogado de imigração antes de agir com base em qualquer informação lida aqui.
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Denice Flores
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Your conditional resident status is only valid for 2 years. In order to prevent losing lawful status in the United States, you must submit Form I-751, Petition to Remove Conditions on Residence, 90 days before your conditional green card expires. It is critical that you file Form I-751 to remove the conditions in a timely manner because if it is not, you may risk being left without status and the U.S. Department of Homeland Security may issue you a Notice to Appear and place you in removal proceedings before an Immigration Judge.
Click here to read this article in Portuguese and Spanish If you and your spouse were married for less than 2 years at the time of your I-485 ( Adjustment of Status ) interview and your application was approved, your lawful permanent resident status is conditional and a separate petition to remove those conditions (I-751 petition) must be filed within 90 days of the expiration date on your Green Card. An I-751 petition is a joint petition, filed by the Green Card holder and their spouse, that requests USCIS remove the conditions and issue you permanent resident status and a new 10-year Green Card. However, what if after filing the I-751 petition, you and your spouse decide to get divorced? In such situations, the Green Card holder can request a waiver of the joint petition filing requirement and submit this request with their I-751 petition. Even if you are requesting an I-751 waiver, you must still show that the marriage was originally entered into in good faith. This means that you will still need to prove to USCIS that you entered into the marriage for love and not just to obtain a Green Card. Evidence of good faith can include, but is not limited to, the marriage certificate, joint documents, birth certificates of children born of the marriage, etc. Documentation that can/should be submitted with your I-751 waiver request include copy of your green card, documentation regarding the circumstances surrounding the end of your marriage, evidence that the marriage was entered into in good faith, copy of the divorce decree (or evidence that divorce proceedings have been initiated if not yet final), statement from you regarding the circumstances, etc. USCIS reviews waiver requests on a case-by-case basis. Current USCIS policy guidance indicates that if a waiver request is made and the divorce is not yet final, USCIS should issue a Request for Evidence (RFE) with a response period of up to 87 days. In the RFE, the officer will request that you provide a copy of the final divorce decree and a statement from you officially asking that the I-751 petition be converted to a waiver application (if not already provided), along with any other documents they deem necessary to decide the case. As long as you can provide these documents to USCIS by the response deadline, the officer can amend the I-751 petition indicating that you are eligible for a waiver based on the termination of the marriage and can adjudicate the petition as such without the need to re-file the application. USCIS will then evaluate whether or not the good faith requirement has been met and may schedule the case for an in-person interview. If the application is approved, then you will be issued your 10-year Green Card. If the application is denied, then your case may be referred to immigration court and you may be placed in removal proceedings. I-751 waiver cases are a complicated matter. If you or someone you know find themselves in a situation like the one mentioned above, please contact our experienced immigration attorneys at Santos Lloyd Law Firm for assistance with your case.
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