You can ask USCIS to remove the conditions on your permanent residence
by filing an I-751 petition. You may be eligible to file an I-751 if you
are still married to the same U.S. citizen or lawful permanent resident
after two years. If your children received conditional status at the same
time that you did, or within 90 days, you can include your children on
the same petition. A child also may be eligible for this relief if he
or she cannot be included on a parent’s application for some reason.
You also may be eligible for this relief if you entered into a marriage
into good faith, but your spouse died, your marriage ended in divorce
or annulment, or either you or your child were battered or subjected to
extreme cruelty by your U.S. citizen or lawful permanent resident spouse,
or for reasons of extreme hardship. If USCIS denies your I-751 petition,
you do not have the right to appeal that decision. However, you can challenge
the denial of your petition in immigration court. The denial of your petition
results in the termination of your conditional resident status. As a result,
you will receive a notice to appear in immigration court. The main reason
for an I-751 denial is that USCIS believes that you committed marriage
fraud. If you are accused of immigration fraud, contacting an
experienced California immigration attorney
as quickly as possible should be your first step in fighting back against
these charges. By immediately taking steps to defend yourself against
false allegations of fraud, you have a better chance of building a strong
defense case and avoiding removal. Call
Landerholm Immigration, A.P.C., at (510) 756-4468 to set up an appointment and learn how we can help
if immigration authorities have wrongly accused you of fraud.
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