[Also available on Reddit.] “The director shall adjudicate the petition within 90 days of the date of the interview, unless the interview is waived in accordance with paragraph (b)(1) of this section.” If you had your 751 interview and are waiting more than 90 days for a decision, you have the makings of a strong Mandamus case to force the government to […]

[Also available on Reddit.] Congress requires that an EB-5 petitioner’s I-829 petition to remove conditions on their green card must be decided within 90 days of filing. This is contained in 8 U.S.C. § 1186b as well as 8 C.F.R. § 216.6, which reads: (c) Adjudication of petition (1) The decision on the petition shall be made […]

[Also available on Reddit.] Congress requires that SIJS petitions are to be decided within 180 days of filing. This is contained in Section 1232(d)(2) of Title 8 of the US Code, which reads: Expeditious adjudication All applications for special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated by […]

[Also available on Reddit.] Many courts have ruled that the beneficiaries of an immigration application have standing (or the right) to sue for unreasonably delayed decisions or unlawfully denied benefits. However, not all courts agree. So, to be on the safe side and avoid a challenge, it’s best to add the US petitioner (usually the […]

[Also available on Facebook.] Every foreign national who immigrates to the US by marriage to a US citizen or lawful permanent resident (LPR) is given a two-year green card. They are conditional residents. To remove the “conditions” and become a lawful permanent resident requires the filing of a form I-751, Petition to Remove Conditions on […]

Foreign nationals who obtain “conditional” residency by marrying a US citizen or permanent resident, use the form I-751 to have the conditions on their residency removed and obtain a permanent green card. But when the I-751 should be filed depends on each individual’s unique circumstances. We have published a new video that explains when (and […]

Conditional residents who obtain lawful residency by marrying a US citizen or permanent resident, use the form I-751 to have the conditions on their residency removed. This I-751 process is designed to demonstrate to the government that the marriage is “bona fide” or legitimate. One way to demonstrate this is with letters or affidavits from […]

[Also available on Reddit.] To support a I-751 petition and show that the marriage is “bona fide,” couples must submit evidence that helps establish that the marriage is genuine. This can include joint leases, wedding pictures, joint bank statements or a huge variety of other documents and records. Because the burden of proof to demonstrate […]

[Also available on Reddit.] Foreign nationals who become conditional residents by marrying a US citizen or LPR are able to travel abroad. However, unlike permanent residents who have a 10-year green card, conditional residents are given a two-year green card, at the end of which they must file a form I-751 to remove the conditions […]

[Also available on Reddit.] Proving a bona fide marriage on an I-751 petition is critical to its success and there are several documents that can be used to establish a marriage’s bona fides. The burden of proof to demonstrate that the marriage is bona fide is on the couple. They must present sufficient evidence that […]