Despite Late Filing I-751 Removal of Conditions Approval for Filipina Client in Tennessee

CASE: I-751

APPLICANT: Filipina

LOCATION: Tennessee

Our client contacted our office in May of 2014 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in July 2007. Through her marriage, she obtained a 2-year conditional green card in March of 2008.  Her conditional residency terminated in March 2010.

To comply with immigration requirements, our client and her husband should have filed an I-751 Joint Petition to Remove Conditions before March 2010. However, due to financial and health related reasons for our clients, they could not file the I-751 application on time.

However, the USCIS still allows the I-751 applicant to file his or her I-751 application as long as there is a good cause for the late filing. She was placed in removal proceedings because she did not remove conditions on her residency.

In May 2014, the Memphis Immigration Court terminated her removal proceedings. She then retained our office for the I-751 filing. Once retained, our office prepared an I-751 application for our client with bona fide marriage evidence and a letter to explain their late filing.

On May 11, 2015, our office filed an I-751 application to the USCIS with affidavits of applicant and her husband to explain their late filing and other joint documents to demonstrate the bona fideness of their marriage.

On December 10, 2015, the USCIS issued a Request for Evidence (RFE) and asked our clients to submit more evidence regarding the bona fide nature of their marriage. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 2, 2016. The USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our clients via conference calls and informed them of potential issues at the interview.

On July 19, 2016, our client was interviewed for her I-751 application at the USCIS Memphis, TN Field Office.  The USCIS approved our client’s I-751 application after the interview. She now has her 10-year green card.

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