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What is Form I-751, Petition to Remove Conditions on Residence for?

Form I-751, officially known as the “Petition to Remove Conditions on Residence,” is a form used by conditional permanent residents to request the removal of the conditions on their permanent resident status obtained through marriage to a U.S. citizen or lawful permanent resident.

When a foreign national marries a U.S. citizen or permanent resident and has been married for less than two years at the time of obtaining permanent resident status, they receive what is called a “conditional” green card. This conditional status is valid for two years.

To transition from conditional permanent resident status to unconditional permanent resident status, the couple must jointly file Form I-751 during the 90-day period immediately before the conditional residence expires. This joint petition aims to prove that the marriage was entered into in good faith and not for the purpose of evading U.S. immigration laws.

The primary purpose of Form I-751 is to provide evidence to USCIS that the marriage is genuine and ongoing. It requires submission of documentation, such as joint financial records, leases or mortgages showing joint ownership, birth certificates of any children born during the marriage, and affidavits from friends and family attesting to the authenticity of the relationship.

Upon approval of Form I-751, the conditions on the permanent resident status are removed, and the individual receives a regular, 10-year green card, granting them permanent resident status without conditions.

Who Needs to File Form I-751?

Form I-751, the Petition to Remove Conditions on Residence, needs to be filed by individuals who have obtained conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident.

Specifically, those who need to file Form I-751 include individuals who:

  1. Received a Conditional Green Card: If you were granted conditional permanent resident status based on marriage and your marriage was less than two years old at the time of obtaining your green card, you must file Form I-751.
  2. Are Still Married: You should file jointly with your spouse within the 90-day period immediately before your conditional green card expires. Filing jointly is the typical procedure, but there are exceptions for cases involving divorce, abuse, or extreme hardship.
  3. Are Dependent Children: In certain cases where the conditional permanent resident’s children also obtained conditional status at the same time, they might be included in the same I-751 petition.

When Should You File Form I-751?

Form I-751 should be filed during the 90-day window immediately before the expiration of your two-year conditional permanent resident status. It’s crucial to submit the form and all required documentation within this specific timeframe.

Here’s a breakdown of the timeline:

  1. 90-Day Filing Window: You should file Form I-751 jointly with your spouse during the 90 days before the expiration date of your conditional green card.
  2. Expiration of Conditional Green Card: Conditional permanent resident status is valid for two years. Before this status expires, it’s imperative to initiate the process of removing conditions on your residency by filing Form I-751.
  3. Filing Late or After Expiration: Failing to file Form I-751 within this 90-day period may lead to severe consequences, including the loss of lawful permanent resident status and potential removal from the United States.

How much does I-751 cost?

The filing fee for 1-751 is around $595 & you must also pay a $85 biometric services fee for each person applying to remove conditions on their residence on the same form. See the detailed fee table below.

Form i-751 fee

Please note, the above table does not include attorney fees.

Get Help with Filing Form I-751

Filing Form I-751 is a critical step towards securing permanent residency in the United States. By submitting accurate and comprehensive documentation that proves the legitimacy of your marriage, you increase the chances of a successful application. Stay informed, follow the guidelines diligently, and seek professional help if needed to navigate this process smoothly.

At Rebecca Black Immigration, PA, we understand the complexities that come with immigration processes like Form I-751. Our team comprises experienced professionals dedicated to supporting you through every step of the journey. We’re committed to making your immigration journey as smooth and stress-free as possible. Contact us today to explore how we can support you through your Form I-751 process and beyond.

 

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The content provided on this blog is for informational purposes only and does not constitute legal advice. Readers should not act upon any information presented on this blog without seeking professional legal counsel. The opinions expressed at or through this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please consult with an attorney regarding your specific legal situation.

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