Removal of Conditions Lawyer New Jersey, NJ
If you obtained a green card through marriage and your marriage is less than two years old at the time you became a lawful permanent resident, your residency is likely conditional. The Form I‑751, Petition to Remove Conditions on Residence, is the application that changes your status from conditional to permanent. Missing the filing deadline or submitting an incomplete petition can put your lawful status at risk. Law Offices Of SRIS, P.C. assists clients across New Jersey with removal of conditions. To discuss your situation with Mr. Sris and the firm’s Of Counsel attorneys, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Removal of Conditions Means in New Jersey
When a U.S. Citizen or lawful permanent resident marries a foreign national and the marriage is less than two years old by the time a green card is approved, the resulting permanent residence is conditional for two years. To continue beyond that period, the conditional resident must file Form I‑751 during the 90‑day window before the second anniversary of the grant of conditional residence. For cases processed through the Newark field office, the petition is adjudicated by U.S. Citizenship and Immigration Services (USCIS). If USCIS denies the I‑751, the immigrant may be placed in removal proceedings at the Newark Immigration Court. New Jersey’s Immigrant Trust Directive limits how local law enforcement cooperates with ICE detainers, but immigration consequences remain federal and can be severe if the conditional-resident period expires without a timely, well‑supported petition.
Residents of New Jersey file the I‑751 with the USCIS service center that has jurisdiction; the case may then be transferred to the USCIS Newark Field Office for interview or additional review. The Newark Immigration Court, located at 970 Broad Street, Newark, NJ 07102, hears removal cases when an I‑751 is denied and the individual is placed in proceedings. The filing fee for Form I‑751 is $850, plus an $85 biometric services fee for applicants between 14 and 79 years old. While the petition is pending, the conditional resident retains the right to live and work in the United States.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Removal of Conditions Cases
Mr. Sris and the firm’s Of Counsel attorneys review the conditional resident’s immigration history, the facts of the marriage, and any supporting documentation to build a thorough I‑751 petition. The petition must demonstrate that the marriage was entered into in good faith. The firm gathers evidence such as joint lease or mortgage agreements, shared financial accounts, birth certificates of children, and corroborating affidavits. If USCIS issues a Request for Evidence or schedules an interview, Mr. Sris and the firm’s Of Counsel attorneys assist in preparing the response and attending with the client.
Not every case fits the joint‑filing model. When the marriage has ended in divorce, the spouse has subjected the conditional resident to abuse, or the U.S. Spouse cannot or will not join in the petition, a waiver may be available. The firm evaluates eligibility for the good‑faith marriage waiver, the battery‑or‑extreme‑cruelty waiver, and the hardship waiver. For anyone already in removal proceedings, the firm can represent the conditional resident before the Newark Immigration Court. Throughout the process, the goal is to protect the client’s status and avoid the permanent bar that can follow an adverse determination.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He concentrates his immigration practice on family‑based matters, including removal of conditions, adjustment of status, and naturalization.
The firm’s Of Counsel attorneys bring experience in immigration law to every matter. Together, Mr. Sris and the firm’s Of Counsel attorneys work to prepare thorough petitions, gather the evidence USCIS expects, and respond to agency requests. The New Jersey location, at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, serves clients statewide. Contact the firm at (888) 437‑7747 to schedule a consultation.
Frequently Asked Questions
What is removal of conditions and who must file Form I‑751?
Removal of conditions is the process by which a conditional permanent resident applies to have the conditions on his or her residence removed and become a permanent lawful permanent resident. Conditional residence applies to individuals who obtained a green card through a marriage that was less than two years old at the time of the approval. The conditional resident and the petitioning spouse must jointly file Form I‑751 during the 90‑day period before the second anniversary of the grant of conditional residence, unless a waiver applies.
When must a New Jersey resident file the I‑751 petition?
The petition must be filed within the 90‑day window immediately preceding the expiration date on the conditional resident’s green card. The expiration date appears on the face of the card. Filing too early or too late can lead to denial. If the deadline is missed, the conditional resident may receive a notice of termination of status and be placed in removal proceedings at the Newark Immigration Court. Prompt consultation with an immigration attorney is important to explore all available options.
Can I file for removal of conditions if my marriage ended in divorce?
Yes, a conditional resident may still file Form I‑751 with a request for a good‑faith marriage waiver if the marriage ended in divorce. The petition must show that the marriage was entered into in good faith even though it later ended. Evidence of shared life together—joint finances, cohabitation, family photographs, and any children born—helps demonstrate the marriage was genuine. An attorney can help determine whether a waiver is appropriate and what documentation is needed.
Do I need a lawyer for the removal of conditions process in New Jersey?
While no law requires an attorney to file Form I‑751, many applicants choose to work with one because a denial can lead to removal proceedings. An immigration attorney can identify the strongest supporting evidence, prepare for an interview, and address complications such as a prior divorce, criminal history, or a U.S. Spouse who will not cooperate. Mr. Sris and the firm’s Of Counsel attorneys assist clients throughout New Jersey with these matters. To discuss your case, call (888) 437‑7747.
What happens if USCIS denies my I‑751 petition?
If USCIS denies the I‑751 petition, the agency may issue a notice of termination of conditional resident status and refer the case to the Newark Immigration Court for removal proceedings. During removal proceedings, the immigration judge reviews the case anew. The conditional resident can present evidence and seek relief before the judge. Representation at this stage is critical because the individual faces deportation.
How does the New Jersey Immigrant Trust Directive affect removal of conditions cases?
The New Jersey Immigrant Trust Directive limits how local law enforcement agencies cooperate with federal immigration authorities, but it does not affect the adjudication of an I‑751 petition or proceedings in immigration court. The directive may create a environment where individuals feel safer engaging with local services and reporting crimes. However, immigration adjudications remain under federal jurisdiction, and removal proceedings are conducted by the Department of Homeland Security and the Executive Office for Immigration Review.
Other New Jersey immigration pages: Hunterdon County | Somerset County | Morris County | Bergen County | Monmouth County
Official resources: USCIS I‑751 information | 8 U.S.C. § 1186a | New Jersey Courts
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