VSC Attempting to Resolve Confusion for Filers
Posted Apr 23, 2004

The Vermont Service Center (VSC) reported in April 2004 that it has erroneously received a number of I-751 filings. The I-751 is the Application to Remove Conditions on Residence, primarily in marriage-based cases. Many people believe that they must file the I-751 if they filed for their green cards based on marriages to U.S. citizens that occurred within the two years prior to filing their cases. This is not entirely true. A person must file the I-751 if the green card that s/he receives based upon marriage is conditional. A conditional card will be issued if the marriage is less than two years in duration at the time that the person obtains his/her permanent resident status. This means that one who files for a green card three days after marrying a U.S. citizen will not need to file an I-751 if the processing times are sufficiently lengthy, so that the person will not be approved for lawful permanent resident status until after the couple has celebrated their second wedding anniversary. We would note that this process relates solely to cases that are family-based, generally involving marriage to U.S. citizens. The conditional green card is not issued to spouses in employment-based cases, no matter how long or short the period the couple has been married at the time of the case approval. The VSC is attempting to find all of these cases and provide refunds to the applicants who were not required to file the I-751. It is important that those who should file the I-751 do so within the allotted time period under law. Anyone who is uncertain whether s/he should file an I-751, when it should be filed, or the proper basis for filing, should speak with a qualified immigration attorney.

The VSC has also indicated that some lawful permanent residents (LPRs) have filed I-130 relative petitions in efforts to sponsor their parents. Relative petitions can only be filed for certain, established categories of relatives. There is no category for parents of permanent residents; therefore, I-130s for the parents of LPRs is not a category available under law. These petitions should not have been accepted and the checks should not have been cashed. These filings have created more confusion for LPRs who have become U.S. citizens because they believe they have valid I-130 filings for their parents, when in fact they do not. The VSC is planning to deny these I-130s as quickly as possible so that those seeking to sponsor their parents may get back on the right path. A U.S. citizen may file the I-130 petition for his or her parents. Anyone who suspects s/he may have an erroneous filing, should speak with an immigration attorney regarding the various available options. The VSC may still take some time to issue denials, but one should pursue other avenues to terminate the invalid case and begin a new one.

We appreciate the VSC's awareness of these issues and their desire to correct any errors in a timely fashion. Hopefully, any confusion will be clarified, and the VSC can concentrate on processing valid cases.