Form I-751: Removal of Temporary Conditions for 2-year Conditional Green Card (Conditional Residence)
Photo by In Lieu & In View Photography on Unsplash. A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.
I received a 2-year green card. How can I renew this and get 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.
Who can file Form I-751?
You may apply to remove your conditions on permanent residence if you:
Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
Are a child and, for a valid reason, cannot be included in your parents’ application;
Are a widow or widower who entered into your marriage in good faith;
Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
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, the USCIS may waive this joint filing requirement. 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.
What documents do I need to include with my I-751 application?
You would need to provide a copy of your conditional green card and evidence that you entered the marriage in good faith. This could include evidence that show that you continue to live together, such as mortgage or lease documents; evidence of shared assets, joint bank accounts, or joint tax filings; birth certificates of children born since your marriage; family photographs and sworn affidavits from friends.
If you are filing individually and request that USCIS waive the joint filing requirement, then you must also include evidence relevant evidence such as your spouse’s death certificate, divorce/annulment certificate, or 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.
What happens if I fail to file Form I-751?
If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. USCIS may accept late filings if you provide a written explanation showing that your failure to file on time was for good cause and due to extenuating circumstances.
If you are filing to remove conditions on your residence and have questions, please feel free to contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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