Removal of Conditions on Residence (Form I-751)

Overview

If you obtained your Permanent Resident status through a marriage that was less than two (2) years old, you are a conditional permanent resident of the United States. As a conditional permanent resident, your legal status is only valid for two (2) years and cannot be renewed.

To remove the conditions on your residence, you must file a Petition to Remove the Conditions on Residence (Form I-751). If you are a conditional permanent resident child, you are required to file this petition as well. Form I-751 must be filed within 90 days before the expiration date of your conditional Permanent Resident Card (Green Card).

Filing Petition to Remove Conditions on Residence is one of the most critical steps to either keeping your lawful status or acquiring United States citizenship through naturalization. If you do not file Form I-751 timely, your lawful status will be automatically terminated and you may be placed in deportation proceedings. It is imperative that it is completed correctly and filed by a qualified expert.

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Eligibility

You must file this petition with your spouse or stepparent. A waiver of the Joint Filing Requirement might be available if:

You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment;
You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;
Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or
Termination of your status and removal from the United States would result in extreme hardship.

The petition must be filed within 90 days prior to your Green Card expiration date.

You must demonstrate that your marriage or your parents marriage is entered into in good faith. To meet this requirement, you must submit multiple documents to show that you or your parents are still married and live together as a married couple.

Process

In general, our representation covers the following steps:

Initial client interview to determine eligibility
Gathering information to complete the relevant Forms
Gathering supporting documents – our office will provide you with the necessary templates and document checklist
Petition assembly and filing the final petition with the appropriate Field Office
Receipt notice confirming your petition is under review by USCIS
Biometric services notice, if applicable
Request for additional evidence, if your petition is missing certain documents or information
Notice to appear for an interview, if required
Notice of decision
Our office will receive your Permanent Resident Card (10-year Green Card) and mail it to your address

We will prepare all necessary Forms and documents. If you require an interview, your attorney will conduct a mock interview to ensure you are fully prepared. The entire process will take 18-24 months depending on the field office in charge of your petition.

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Removal of Conditions on Residence (Form I-751)

Frequently Asked Questions

What is Form I-751?

Form I-751 is a Form filed with USCIS to remove conditions on permanent resident status. The form is used by people who have been granted conditional permanent resident status based on their marriage to a U.S. citizen or lawful permanent resident.

Who needs to file Form I-751?

If you are a conditional permanent resident, you must file Form I-751 to remove the conditions on your immigration status. You will need to file Form I-751 if you received your green card through marriage and your marriage was less than two years old when you were granted conditional permanent resident status.

When should Form I-751 be filed?

Form I-751 must be filed within 90 days before your conditional permanent resident status expires.

How is Form I-751 filed?

Form I-751 must be filed per USCIS requirements. Find out more at USCIS website.

What happens after Form I-751 is filed?

After Form I-751 is filed, USCIS will review your case and may contact you for additional information or to schedule an interview. If everything is in order, USCIS will approve your case and you will receive a new green card without conditions (10-year-green card). If USCIS denies your case, you might be placed in removal proceedings.

What if I am divorced or my spouse has died?

If you are divorced or your spouse has died, you may still be eligible to remove the conditions on your residence. You will need to file Form I-751 and include evidence of your divorce or your spouse’s death. USCIS will review your case and may contact you for additional information or to schedule an interview.

What if I am a victim of domestic violence?

If you are a victim of domestic violence, you may still be eligible to remove the conditions on your residence. You will need to file Form I-751 and include evidence of domestic violence. USCIS will review your case and may contact you for additional information or to schedule an interview.

Can I file Form I-751 without my spouse?

Yes, you can file Form I-751 without your spouse if you meet certain requirements. You will need to include evidence that demonstrates that your marriage was entered into in good faith and that you have been subjected to extreme hardship if you are removed from the United States. USCIS will review your case and may contact you for additional information or to schedule an interview.

What if I have a child who is a U.S. citizen or lawful permanent resident?

If you have a child who is a U.S. citizen or lawful permanent resident, you may still be eligible to remove the conditions on your residence. You will need to file Form I-751 and include evidence of your relationship to the child. USCIS will review your case and may contact you for additional information or to schedule an interview.

How much does it cost to complete the process?

You may use the USCIS online fee calculator to find out how much the process cost.

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Can I track my process status?

Yes, you can request to receive an E-Notification of Application/Petition Acceptance and use the G-1145 form to request a text message and/or email when USCIS accepts your form.

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What about my work permit? Do I have permission to work in the Untied States as a conditional permanent resident?

As a conditional permanent resident, you receive a Green Card valid for two years. This card proves that you have the right to live and work in the United States during the initial two-year period. If you file Form I-751 on time, you will receive a receipt notice (Form I-797C) that will extend the validity of your conditional permanent resident status for 18-24 months. If your Form I-751 is still pending and you need evidence of your status after the initial 24-month extension, you must call the USCIS Contact Center at 800-375-5283.

For more information about the types of documentation that you can use to show your identity and authorization to work, visit USCIS Acceptable Documents page.

Can I travel after filling Form I-751?

As a conditional resident, you are free to travel abroad just like any other lawful permanent resident.

Before any foreign travel, however, you must make sure to have the right documents to reenter the United States. It’s necessary for a conditional resident to carry the following items when traveling abroad:

Valid, unexpired passport
Expired conditional Green Card
Legible, original, unexpired Form I-797C, Notice of Action

USCIS will mail you the original Form I-797C, Notice of Action, after you file Form I-751. It’s a receipt letter that will also provide an extension (typically for 18 months) to your conditional status. It may take USCIS several weeks to send the letter.

Will I need to attend an interview?

Not always. USCIS only requests interviews in some cases. They request interviews randomly and for a cause. Most applicants are not required to attend an interview.

Can I remove my condition any earlier than 2 years?

The soonest you can apply to remove the condition on your residency is 90 days prior to the 2-year mark of your conditional status.

Will I need to attend an interview?

Not always. USCIS only requests interviews in some cases. They request interviews randomly and for a cause. Most applicants are not required to attend an interview.