110308 Document Checklist Sample - AILA webCLE

1 Document Checklist Completed Questionnaire Check made payable to the Department of Homeland Security in the amount of $ Copy (front & back) of Alien Registration Card Copy of Marriage Certificate, with translation if necessary Copy of Divorce Certificate/s (if applicable), with translation if necessary Copy of Lease and/or Mortgage documents (showing both names) since receiving Alien Registration Card Copy of joint checking and/or savings accounts, credit cards other types of bank accounts. Copy of joint Federal Income Tax Returns (showing filing as married ) from date of marriage to present Copy of insurance policies (showing beneficiary) Copy of joint utility bills Copy of any other joint loans/accounts Original notarized affidavit by at least two people who have known both you and your spouse since your conditional residency was granted.

2 Affidavit must include: o First and last name; o Full address; o Date and place of birth; o Relationship to you or your spouse; and o Details explaining how the person acquired his/her knowledge of your relationship. Certified Criminal Records (if applicable) Copy of birth certificate(s) of any children (if applicable), with translation if necessary Copy (front & back) of Alien Registration Card of any children (if applicable) If you are no longer married to or are separated from the individual which you obtained your residency through, you must provide the above documents for the entire time period which you were married. 2011 AILA Teleconference/Web Conference 2011 American Immigration Lawyers AssociationCopyright 2010, American Immigration Lawyers Association.

3 All rights reserved. Reprinted, with permission, from AILA s Immi-gration Practice Pointers, (2010 11 Edition), available from AILA Publications, 1-800-982-2839, 690 Copyright 2010 American Immigration Lawyers Association CONDITIONAL RESIDENCE MARRIAGE CASES: JOINT PETITIONS AND WAIVERS by Suzanne Brown, David Kolko, and Jonathan Greene* A conditional permanent resident is required to submit a Petition to Remove Conditions (Form I-751) within the 90 day period of time immediately preceding the second anniversary of the date on which the alien obtained conditional permanent The conditional resident must file the petition jointly with his or her spouse, unless certain conditions exist for a waiver.

4 A jointly filed Petition to Remove Conditions must meet the requirements of being: 1. Filed at the proper USCIS Service Center (with the proper filing fee) within the mandated time period. 2. Signed by the conditional resident and the alien s spouse. 3. Accompanied by supporting documentation confirming the validity of the The joint petition must be filed with either the Vermont Service Center or the California Service Center, depending on the residence of the conditional If the joint petition is properly filed, USCIS shall determine whether: 1. The marriage was entered into in accordance with the laws of the place where the marriage took place. 2. The qualifying marriage has been annulled or terminated (other than through death of the spouse).

5 3. The marriage was entered into for the purpose of procuring permanent resident status for the alien. 4. A fee or other consideration was provided (other than to an attorney) in connection with the petition through which the alien obtained conditional permanent Upon proper filing, conditional resident status is extended automatically until such time as USCIS adjudi-cates the If the conditional resident is not able to file the joint petition prior to the two-year anniversary of obtaining conditional permanent residence, a late-filed joint petition may be considered by USCIS only if the condi- * Suzanne Brown founded the Immigration Project, a non-profit pro bono immigration legal services agency serving down-state Illinois, and served as its director from 1987 until April 1995.

6 A graduate of Washington University School of Law, Ms. Brown now manages a small immigration firm in St. Louis which focuses primarily on removal defense and complex family immigration matters. She has twice served as chair of AILA s Missouri/Kansas chapter, as well as on the Nebraska Service Center liaison committee. She is a frequent resource for local media and service agencies in the area. David Kolko is the owner and managing partner of Kolko & Associates, PC in Denver, Colorado, where he practices family and employment-based immigration law. Since 1988, Mr. Kolko has been an active member of the Colorado bar, and for over 8 years, he has been an active member of AILA. Mr. Kolko currently serves on the executive committee of the Colorado Bar Association s immigration law section.

7 He speaks on immigration issues for the Colorado Bar Association, the University of Denver, AILA, and at various community and civic events. Jonathan Greene is the owner of the Greene Law Firm, LLC in Columbia, Maryland and practices immigration and family law. He is chair of the Maryland State Bar Association s immigration section and is a former chair of the AILA DC chapter. Mr. Greene is currently an adjunct professor at Stevenson University. He has been a longtime speaker at AILA conferences, frequently writes articles on immigration law, and regularly appears before the Maryland General Assembly to testify on im-migration bills. Mr. Greene was also named Advocate of the Year by the AILA DC chapter.

8 1 8 Code of Federal Regulations (CFR) (a)(1). 2 Id. 3 Form I-751 Instructions (Rev. 12/30/09). 4 Immigration and Nationality Act of 1952 (INA), Pub. L. No. 82-414, 66 Stat. 163, (codified as amended at 8 USC 1101 et seq.), 216(d)(1); 8 CFR (c). 5 8 CFR (a)(1). CONDITIONAL RESIDENCE MARRIAGE CASES: JOINT PETITIONS AND WAIVERS 691 Copyright 2010 American Immigration Lawyers Association tional resident can demonstrate good cause and extenuating circumstances for the failure to timely Ex-amples of good cause and extenuating circumstances include but are not limited to hospitalization, long term illness, death of a family member, recent birth of a child, or a family member on active duty with the The conditional resident must include a written explanation for the failure to timely Failure to include a written explanation will result in a denial without a Request for Evidence being issued.

9 The denial will result in the issuance of a Notice to Appear in immigration If the joint petition is not filed with Citizenship and Immigration Services (USCIS) by the filing deadline, the conditional resident will accrue unlawful presence until such time as the joint petition is filed and USCIS accepts the The conditional resident could thus face a three- or ten-year bar if he departs the United States prior to filing and acceptance by Dependent children who acquired conditional residence status concurrently with the parent may be in-cluded in the joint Concurrent acquisition applies to all children whose residence was acquired within ninety days of the However.

10 All dependents included in the petition must pay a separate bio-metrics Dependent children who cannot be included in the joint petition due to lack of concurrent ac-quisition or the death of the parent may file a separate A conditional resident is not required to be physically present in the United States when the joint petition is filed; however the conditional resident and spouse must return to the United States to be present for any requested USCIS There is also no limit to the number of petitions that may be Additional evidence should be submitted with a subsequent petition. DOCUMENTARY REQUIREMENTS The joint petition should be accompanied by supporting evidence that the marriage was not entered into for the purpose of evading the immigration laws of the United Documents which may be submitted include (1) joint ownership of property, (2) joint tenancy of a common residence, (3) commingling of finan-cial resources, (4) birth certificates for children born of the marriage, and (5) affidavits of persons having knowledge of the bona fide marital 6 USCIS Memorandum, D.