1. What is the Removal of Conditions (ROC) process?

The Removal of Conditions (ROC) process is a procedure for foreign nationals who have obtained conditional permanent residency status through marriage to a U.S. citizen to remove the conditions on their legal status. The process involves submitting a joint petition with the spouse to U.S. Citizenship and Immigration Services (USCIS). If approved, the foreign national will receive a permanent green card.

2. How long does the Removal of Conditions (ROC) process take?

The Removal of Conditions (ROC) process usually takes around 4-6 months from start to finish. However, timelines may vary depending on the type and complexity of a case.

3. Who is eligible to apply for Removal of Conditions (ROC)?

In order to be eligible to apply for Removal of Conditions (ROC), you must have been granted conditional permanent resident status on the basis of marriage to a U.S. citizen or lawful permanent resident. Generally, you must have been married for less than two years on the date you were granted conditional permanent resident status.

4. What documents are required to submit with a Removal of Conditions (ROC) application?

The required documents to submit with a Removal of Conditions (ROC) application include:

1. Copy of the front and back of the green card, if available.

2. Copy of marriage certificate or any other evidence showing the marital relationship at the time of filing the application.

3. Evidence of a bona fide marriage including joint financial records, leases, birth certificates of children, affidavits from family and friends, and any other documents showing cohabitation.

4. Copies of all relevant immigration documents, such as Forms I-130 and I-485.

5. Evidence that the marriage is still in effect such as joint tax returns, photographs together, bills with both names, etc.

6. Signed Form I-751, Petition to Remove Conditions on Residence.

7. Form I-751 filing fee.

8. Copy of two valid forms of ID for both spouses (passport page with photo, driver’s license, or national identification card).

5. What happens during the interview as part of the Removal of Conditions (ROC) process?

During the ROC interview, USCIS will verify the authenticity of the marriage and review the evidence submitted with the I-751 petition. The officer will ask a number of questions to ensure the marriage is bona fide and to confirm any information provided in the petition. USCIS may request additional supporting documents. The officer may also ask questions about the couple’s relationship, including how they met, their shared interests, plans for the future, and more.

6. How much does it cost to apply for Removal of Conditions (ROC)?

The fee for Form I-751, Petition to Remove Conditions on Residence, is $595. Additionally, you must also pay an $85 biometrics fee.

7. How long do I have to wait for a decision on my Removal of Conditions (ROC) application?

The processing time for an ROC application can vary depending on the current workload of the United States Citizenship and Immigration Services (USCIS). Generally, it takes around 6 to 12 months to receive a decision on an ROC application.

8. Can I appeal a denial of my Removal of Conditions (ROC) application?

Yes, you may appeal a denial of your ROC application. You must file your appeal with the Board of Immigration Appeals (BIA). The BIA is a federal administrative appellate body that reviews decisions issued by immigration judges and certain USCIS decisions. For more information, contact an immigration attorney.

9. What happens if I don’t file my Removal of Conditions (ROC) application on time?

If you do not file your ROC application on time, your permanent residency will be revoked. You will receive a Notice to Appear in court and begin removal proceedings. You may also be subject to a 10-year bar from reapplying for permanent residency.

10. Are there any special requirements for USCIS to approve a Removal of Conditions (ROC) application?

Yes, some special requirements must be met for the U.S. Citizenship and Immigration Services (USCIS) to approve a Removal of Conditions (ROC) application. These requirements include:

1. The couple must still be married and living together at the time of filing the ROC application.

2. The couple must provide evidence that their original marriage was entered into in good faith and not to gain immigration benefits.

3. The couple must provide evidence that they have been living together during the two-year conditional period.

4. The couple must submit a joint petition for the ROC application, signed by both parties.

5. If the couple has any children from their marriage, they must also be included in the ROC application and must be listed as “derivative beneficiaries”.

11. What types of evidence should I submit to support my Removal of Conditions (ROC) application?

You should submit evidence that proves your marriage was and is a valid and bonafide marriage, such as copies of joint tax returns, proof of joint bank accounts, birth certificates for any children born during the marriage, and copies of bills and leases in both your names. You should also provide evidence of any documentation that supports the termination of the marriage, such as divorce or death certificates.

12. Can I adjust my status if I get approved for the Removal of Conditions (ROC)?

Yes, if you are eligible, you are able to adjust your status to receive lawful permanent resident status (green card) after approval of your ROC.

13. Will I be able to travel abroad while my Removal of Conditions (ROC) application is pending?

If you are applying for ROC, you may travel outside the U.S., if you have been granted advance parole. You should consult with an attorney before traveling to make sure your travel plans will not adversely affect your ROC application.

14. What is the difference between an I-751, Petition to Remove the Conditions on Residence, and an I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status?

An I-751 is a petition to remove the conditions on residence for conditional permanent residents. It is typically filed within the last 90 days before the conditional residence expiration date. An I-829 is a petition by an entrepreneur to remove the conditions on permanent resident status, typically filed after the conditional residence period has expired. This petition is used to remove the conditions on permanent residence for entrepreneurs who have invested in a U.S. business, and subsequently created jobs for U.S. citizens or permanent residents.

15. Can I file a joint petition for Removal of Conditions (ROC) with my spouse if we have separated or divorced since our original marriage?

No, if you are divorced or separated from your spouse, you will have to file a separate petition for Removal of Conditions (ROC). However, if you are currently still married and have separated since your original marriage, then you may file a joint petition.

16. What happens if USCIS determines that my marriage was entered into solely to obtain permanent resident status?

If USCIS determines that a marriage was entered into solely for the purpose of obtaining permanent resident status, the foreign spouse may be denied permanent resident status, and receive a denial notice, along with an explanation as to why the application was denied. Additionally, in some cases, the foreign spouse may be placed in removal proceedings as a result of the fraudulent marriage.

17. How do I answer questions about my marital relationship on the I-751 form?

Answer: You should answer all questions honestly and accurately. This includes questions about your marital relationship. When answering questions about your marital relationship, make sure to include any relevant information, such as dates of marriage, separation, or divorce. Additionally, you should include any evidence that demonstrates the bona fides of the relationship, such as photographs, joint accounts or lease agreements.

18. What should I do if I need more time to gather evidence for my Removal of Conditions (ROC) application?

You should contact the U.S. Citizenship and Immigration Services (USCIS) immediately to explain the situation and request an extension. You should explain why you need more time and provide any evidence you have available to support your request. If granted, USCIS may give you an additional 60 days to submit your evidence and documents.

19. What steps should I take if USCIS denies my Removal of Conditions (ROC) application?

If your Removal of Conditions (ROC) application is denied by USCIS, you should first review the notice you received from them to understand the reason for the denial. You then have the option to file a motion to reopen or reconsider, or to appeal the decision. You can also file a new application, but this will require you to pay filing fees and submit new evidence. If you decide to appeal the decision, you should consult with an experienced immigration attorney for assistance.

20. Is there any way to expedite the processing time for a Removal of Conditions (ROC) application?

No, unfortunately there is not. The United States Citizenship and Immigration Services (USCIS) will process ROC applications in the order they are received. However, there are some steps you can take to ensure your application is prepared correctly and is complete when it is submitted, which may help speed up the process.