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O que você precisa saber sobre a remoção das condições do seu green card condicional por meio do casamento
Denice Flores • November 9, 2023
Click here to read this article in English
🥳 Parabéns! Você recebeu um green card condicional através do seu casamento.
O seu status de residente condicional é válido apenas por 2 anos. Para evitar a perda do status legal nos Estados Unidos, você deve apresentar o Formulário I-751, Petição para Remover Condições de Residência, 90 dias antes do vencimento do seu green card condicional. É fundamental que você envie o Formulário I-751 para remover as condições dentro do prazo, pois, caso contrário, corre o risco de ficar sem status e o Departamento de Segurança Interna dos EUA poderá emitir um aviso de comparecimento e colocá-lo em processo de remoção perante um Juiz de Imigração.
Quando você apresentar a petição para remover as condições, se ainda estiver casado com o mesmo cidadão americano ou cônjuge residente permanente legal (LPR), você pode apresentar o Formulário I-751 com o seu cônjuge cidadão americano ou LPR, isso é chamado de "apresentação conjunta". O tipo de documentos comprobatórios que você enviar deve ser documentos que mostrem que você e seu cônjuge compartilham finanças e responsabilidades conjuntas, e qualquer outro documento que mostre que você entrou no casamento de boa-fé e continua sendo um casamento real.
Se você se separou ou divorciou do seu cônjuge cidadão americano ou LPR, no momento da apresentação da petição para remover as condições você ainda pode apresentar o Formulário I-751 e solicitar uma isenção nas seguintes situações. Lembre-se, independentemente disso, você deve comprovar que entrou no casamento de boa-fé.
- Se o cônjuge cidadão americano ou LPR estiver falecido;
- Se o casamento terminou por divórcio ou anulação;
- Se você sofreu abuso ou crueldade extrema por parte do cônjuge cidadão americano ou LPR; ou
- Se a rescisão do seu status de residente e a remoção dos EUA resultarem em dificuldades extremas.
Se você estiver solicitando uma isenção e apresentando o Formulário I-751 individualmente, envie documentos comprobatórios para comprovar que o casamento foi celebrado de boa-fé e também evidências de abuso, divórcio ou anulação, se aplicável
Por favor, observe que, após apresentar o Formulário I-751, o Serviço de Cidadania e Imigração dos EUA (USCIS) pode exigir que você participe de uma entrevista para demonstrar sua elegibilidade para remover as condições da sua residência.
Se você tiver alguma dúvida, por exemplo, sobre as circunstâncias específicas do seu caso, o tipo de evidência a ser apresentado com o Formulário I-751 e o processo de entrevista, por favor, agende uma consulta com um de nossos advogados experientes, e teremos o prazer em lhe auxiliar
Este blog não se destina a fornecer aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de um relacionamento advogado-cliente. Por favor, agende uma consulta com um advogado de imigração antes de agir com base em qualquer informação lida aqui.
Denice Flores
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