FAQ: What is the removal of temporary conditions Form I-751 process for conditional residents?
Photo by Tumisu on Pixabay. Form I-751, A conditional permanent resident receives a green card valid for 2 years. In order to remain a legal permanent resident, they must file a petition to remove the conditions during the 90 days before the card expires. Form I-751 is submitted to USCIS to remove the conditions on their residence and obtain a 10-year Green Card.
If you have been married less than two years when you receive your permanent resident card (typically known as Green Card), you were likely given a conditional green card. A conditional green card is different from the 10-year green card. You cannot renew a 2-year conditional green card. Instead, you must file a separate application (Form I-751, Petition to Remove Conditions on Residence), before the expiration date of your green card and must be received at the U.S. Citizenship and Immigration Services (USCIS) within the 90 day period before the expiration date.
Having practiced in the immigration space for over a decade, we’ve successfully handled hundreds of marriage-based applications, including removal of temporary conditions applications. This blog post lists some of the most frequently asked questions about this process.
Why do I have conditional permanent resident status?
You have conditional status if you received your Green Card through marriage to a U.S. citizen or lawful permanent resident, and you were married for less than two years when your status was granted. The removal of temporary conditions application is used by the USCIS to deter immigration fraud, confirm that the marriage was a bonafide relationship and not merely entered for the purposes of getting permanent residence.
When should I file Form I-751?
You must file the form I-751 during the 90-day period before your Green Card expires. If you file late, USCIS may deny your petition unless you can provide a valid reason for the delay. Conditional residents should ensure they file within the correct timeframe to avoid losing their status and being removed from the U.S. for failure to timely file.
What happens if my spouse has passed away, or if I am divorced?
If your spouse has passed away or if you are divorced, you can file Form I-751 individually and request a waiver of the joint filing requirement. You must demonstrate that the marriage was entered into in good faith.
What supporting documents should I include with my I-751 application?
You must provide evidence that your marriage was entered into in good faith. This can include mortgage or lease agreements, joint bank accounts, shared assets, tax filings, birth certificates of children born during the marriage, family photographs, and affidavits from friends. If you are filing individually, you must also include documents such as a death certificate, divorce decree, or evidence of abuse.
Can I file Form I-751 without my spouse who filed for my Green Card application?
Typically, applicants must sign the form with their spouses. However, in certain cases, USCIS may waive this joint filing requirement. You may file without your spouse if they have passed away, if you are divorced, or if you were subjected to abuse or extreme hardship by your spouse. In this case, you may file this request at any time before a final removal order is issued, even before the 90-day period begins.
I received my green card through my U.S. citizen spouse, who is physically and mentally abusive. Do I have to stay married in order to get my 10-year green card?
No, you do not have to stay married or continue living together with your abuser. You may file to remove conditions on your permanent residence status without your spouse at any time after you are granted conditional status if:
You entered into the marriage in good faith, but your spouse subsequently died;
You entered into a marriage in good faith, but the marriage ended through divorce or annulment;
You entered into a marriage in good faith, but you were battered or subjected to extreme cruelty by your spouse;
Termination of your status and removal from the United States would result in extreme hardship.
In this situation, you must include relevant evidence such as your divorce certificate, evidence of abuse or extreme cruelty by spouse, and evidence that demonstrates why you should be allowed to continue the process and remain in the United States. For more options for domestic violence victims, click here.
What happens if I don’t file Form I-751 on time?
If you fail to file within the required timeframe, your conditional status will automatically terminate, and you could be removed from the country. USCIS may accept late filings if you provide a written explanation showing good cause for the delay.
Will I be able to work and travel while my I-751 is pending?
Yes. When you file Form I-751, USCIS will issue a receipt notice that extends your conditional status for 48 months beyond the expiration date on your Green Card. This receipt allows you to continue working and traveling while your petition is being processed.
What if my spouse and I are separated but not yet divorced?
If you are still legally married but no longer living together, USCIS may continue to process your I-751 petition as a joint filing until the marriage is legally terminated through divorce or annulment.
What happens if I was misclassified as a conditional permanent resident?
If you were married for more than two years at the time you received your Green Card and were incorrectly classified as a conditional resident, you can file Form I-90, Application to Replace Permanent Resident Card, Application to Replace Permanent Resident Card, to correct the error.
How can I contact USCIS if I need to amend my I-751 filing?
You can create a myUSCIS account to manage your I-751 petition online. This account allows you to submit amendments, upload evidence, and track your case status.
We have over a decade of immigration experience and have successfully assisted conditional residents with their I-751 removal of temporary conditions applications. If you need help with this process, please don’t hesitate to contact us, we are here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration information.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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