Navigating the I-751 Process: Delays and What You Need to Know

For many immigrants who have obtained their green card through marriage to a U.S. citizen or permanent resident, the journey to permanent residency doesn't end with the initial approval. If you received your green card when your marriage was less than two years old, you were likely granted conditional permanent resident (CPR) status. To remove these conditions and secure your place as a lawful permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence. While this process is a crucial step towards achieving your immigration goals, it's important to be aware that it can be accompanied by significant delays. In this comprehensive guide, we'll explore the I-751 process, focusing on the reasons behind these delays and what you can expect along the way.

Understanding Form I-751:

Before delving into the delays, let's first understand what Form I-751 is and why it's necessary. The I-751 petition is a critical document for conditional permanent residents who obtained their status through marriage. Its primary purpose is to demonstrate to U.S. Citizenship and Immigration Services (USCIS) that your marriage was entered into in good faith and not solely for immigration benefits.

Key points about Form I-751:

1. Filing window: You must file Form I-751 within the 90-day period immediately before your conditional residency expires. This typically occurs two years after you were granted conditional status.
2. Joint filing: In most cases, you and your spouse will file the petition jointly. However, there are provisions for filing individually under certain circumstances, such as divorce, death of the spouse, or cases involving domestic abuse.
3. Evidence requirements: You'll need to provide substantial evidence that your marriage is genuine. This can include joint financial documents, lease agreements, photographs, and affidavits from friends and family.
4. Biometrics: After filing, you'll be required to attend a biometrics appointment for fingerprinting and photographs.
5. Potential interview: USCIS may require an in-person interview to further verify the authenticity of your marriage.

Now that we've covered the basics, let's dive into the main focus of our discussion: the delays associated with the I-751 process.

The Reality of I-751 Processing Delays:

One of the most challenging aspects of the I-751 process is the often lengthy waiting period between filing your petition and receiving a decision. As of 2023, USCIS estimates that I-751 applications typically take 12-18 months to process. However, many applicants experience even longer wait times, sometimes stretching beyond two years.

These extended processing times can be frustrating and anxiety-inducing for conditional residents. It's important to understand that while your I-751 is pending, your status as a conditional permanent resident is automatically extended. USCIS provides a receipt notice (Form I-797) that, along with your expired green card, serves as proof of your continued legal status for up to 24 months beyond your card's expiration date.

Reasons Behind the Delays:

Several factors contribute to the lengthy processing times for I-751 petitions:

1. High volume of applications: USCIS receives a large number of I-751 petitions each year, creating a significant backlog.
2. Rigorous review process: Each petition undergoes a thorough review to ensure the marriage was entered into in good faith. This detailed examination takes time.
3. Background checks: Comprehensive background checks are conducted on all applicants, which can be time-consuming.
4. Policy changes: Recent changes in USCIS policies, particularly regarding interview requirements, have led to increased processing times.
5. Administrative issues: Staffing shortages, budget constraints, and other administrative challenges within USCIS can contribute to delays.
6. COVID-19 impact: Yes, we're still (unfortunately) talking about it. The global pandemic has caused additional backlogs and slowdowns in processing times across all immigration applications.

The Interview Requirement and Its Impact on Delays:

One significant factor contributing to increased processing times is the shift in USCIS policy regarding interviews for I-751 petitions. In 2018, USCIS implemented new guidance that made interviews a requirement for most I-751 petitioners, particularly those who received their initial approval abroad.

This change, part of the implementation of Executive Order 13780, "Protecting the Nation From Foreign Terrorist Entry Into the United States," has led to a substantial increase in the number of interviews conducted. As of December 31, 2020, over 58,000 I-751 petitions were pending that met this new interview requirement.

The increased volume of interviews has put additional strain on USCIS resources, contributing to longer processing times. While USCIS is required by law to issue a decision within 90 days of the interview, they only meet this standard in about 49% of cases.

Potential Complications:

While most I-751 petitions are eventually approved, it's important to be aware of potential complications that can arise:

1. Requests for Evidence (RFE): USCIS may issue an RFE if they need additional documentation to support your petition. Responding promptly and thoroughly to an RFE is crucial to avoid further delays or potential denial.
2. Notice of Intent to Deny (NOID): In some cases, USCIS may issue a NOID if they believe there are grounds to deny your petition. You'll have an opportunity to respond and provide additional evidence before a final decision is made.
3. Denial: If your I-751 petition is denied, you may lose your conditional permanent resident status. However, you typically have the right to appeal the decision or file a motion to reopen or reconsider your case.

The Naturalization Option:

An interesting aspect of the I-751 process is its interaction with naturalization applications. Some conditional residents may become eligible to apply for U.S. citizenship (Form N-400) while their I-751 is still pending. In these cases, USCIS allows for concurrent filing and processing of both applications.

If you choose to pursue this route, be aware that:

1. You must meet all eligibility requirements for naturalization, including the continuous residence and physical presence requirements.
2. USCIS will typically process both applications simultaneously, often conducting a joint interview for both the I-751 and N-400.
3. This approach can sometimes lead to faster overall processing, as naturalization applications generally have shorter processing times than I-751 petitions.

However, it's important to consult with an immigration attorney before pursuing this option, as it may not be the best choice for everyone depending on individual circumstances.

Navigating the Waiting Period:

While waiting for your I-751 petition to be processed, it's crucial to understand your rights and responsibilities.

1. Travel: You can generally travel outside the United States while your I-751 is pending. However, you should carry your valid passport, expired green card, and the I-797 receipt notice as proof of your ongoing legal status.
2. Employment: Your right to work in the U.S. continues while your I-751 is pending. Your I-797 receipt, along with your expired green card, serves as proof of work authorization for up to 24 months beyond your card's expiration.
3. Address changes: If you move during the processing period, you must notify USCIS of your new address within 10 days of relocating.
4. Staying informed: Regularly check the status of your case online using the USCIS Case Status Online tool. This can provide updates on your petition's progress.

Despite your rights, the long delays can often result in expired temporary green card. And while your receipt for your I-751 (the I-797 receipt notice) should serve as proof to enable you to access various benefits, programs, and government services, the reality isn't always so simple. Many government workers see an expired temporary

‍

Looking Ahead: Efforts to Address Delays

USCIS has acknowledged the challenges posed by lengthy processing times and has promised to take steps to address the issue. However, delays with I-751 processing seem to be here to stay for now, which is why many are turning to lawsuits as a way to get their applications processed more quickly.

And while lawyers may charge many thousands of dollars for a lawsuit, organizations like Pro Se Pro offers a delay lawsuit service that individuals may use fora. fraction of a lawyer's fee. And, 751 applicatns can start using as early as 6-months after their i-751 filing. These delays lawsuits are proven to get applications processed more quickly (on average within 43 days of the official summons being served). And what's best about them is that they don't require any additional attorney fees. Any individual can use the service to get all the documents, processes, and guidance needed to file the lawsuit without a lawyer.

Conclusion:

Navigating the I-751 process can be a challenging and sometimes frustrating experience, particularly given the current processing delays. However, understanding the reasons behind these delays and knowing what to expect can help you better prepare for the journey ahead. And, more importantly, learning how you can take action yourself to take control can be not just empowering, but life-changing.