The USCIS Form I-751, also known as the Petition to Remove Conditions on Residence, is a crucial document for conditional permanent residents who obtained their status through marriage to a U.S. citizen or lawful permanent resident. This form serves as an application to the Department of Homeland Security to remove the conditional status and grant permanent residency. Those eligible must file within the 90 days before their conditional residence expires. For guidance on filling out the form accurately, click the button below.
The process of becoming a permanent resident in the United States is complex and multi-staged, especially for those who initially obtain their status through marriage to a U.S. citizen or lawful permanent resident. The USCIS Form I-751, Petition to Remove Conditions on Residence, is a critical step for conditional residents wishing to transition to permanent status without conditions. Specifically designed for individuals who were granted conditional residence based on their marriage, this form serves as an application to remove those conditions, provided certain criteria are met. It requires detailed personal information, proof of the marital relationship, and, in some cases, an interview. Applicants can file jointly with their spouse or request a waiver for various reasons such as the death of the spouse, divorce, or instances of abuse. Also included in the form are sections for biographic information, accommodations for disabilities, and details about children, if applicable. This comprehensive form reflects the U.S. government's efforts to verify the authenticity of marital relationships and the applicant's eligibility for permanent residency. The importance of accurately completing the I-751 cannot be overstated, as it directly impacts an individual's ability to remain in the United States.
Petition to Remove Conditions on Residence
USCIS
Form I-751
Department of Homeland Security
OMB No. 1615-0038
U.S. Citizenship and Immigration Services
Expires 12/31/2019
Receipt
Action Block
Remarks
For
Use
Reloc Sent
Reloc Received
Only
Date (mm/dd/yyyy)
/
Petitioner interviewed
on (mm/dd/yyyy)
Approved under INA 216(c)(4)(C) Battered Spouse/Child
To be completed by an
Select this box if
Attorney State Bar Number
Attorney or Accredited Representative
attorney or accredited
Form G-28 is
(if applicable)
USCIS Online Account Number (if any)
representative (if any).
attached.
►START HERE - Type or print in black ink.
Part 1. Information About You, the Conditional Resident
5.Country of Birth
1.a. Family Name
(Last Name)
1.b. Given Name
(First Name)
1.c. Middle Name
Other Names Used
List all other names you have ever used, including aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 11.
Additional Information.
2.a.
2.b.
2.c.
3.a.
3.b.
3.c.
Other Information
4. Date of Birth (mm/dd/yyyy)
6.Country of Citizenship or Nationality (provide all that apply)
7.Alien Registration Number (A-Number) (if any)
► A-
8.U.S. Social Security Number (if any)
►
9.USCIS Online Account Number (if any)
Marital Status
10.Marital Status
Single
Married
Divorced
Widowed
11. Date of Marriage (mm/dd/yyyy)
12.Place of Marriage
13.If the marriage through which you gained conditional residence has ended, provide the date it ended (date of divorce or date of death) (mm/dd/yyyy)
14.Conditional Residence Expires On (mm/dd/yyyy)
Form I-751 Edition 12/02/19 N
Page 1 of 11
Part 1. Information About You, the Conditional
Resident (continued)
Mailing Address
15.a. In Care Of Name
15.b. Street Number
and Name
15.c. Apt. Ste. Flr.
15.d. City or Town
15.e. State
15.f. ZIP Code
16.Is your physical address different than your mailing
address?
Yes
No
If you answered “Yes” to Item Number 16., provide your physical address below.
Physical Address
17.a. In Care Of Name
17.b.
Street Number
17.c.
Apt.
Ste.
Flr.
21.If you are married, is this a different marriage than the one through which you gained conditional resident status?
Yes No
22.Have you resided at any other address since you became a
permanent resident?
If you answered “Yes” to Item Number 22., provide a list of all addresses where you have resided since becoming a permanent resident and the dates you resided at those locations in the space provided in Part 11. Additional Information.
23.Is your spouse or parent's spouse currently serving with or employed by the U.S. Government and serving outside
the United States?
Part 2. Biographic Information
1.Ethnicity (Select only one box)
Hispanic or Latino
Not Hispanic or Latino
2.Race (Select all applicable boxes)
White
Asian
Black or African American
American Indian or Alaska Native
Native Hawaiian or Other Pacific Islander
17.d.
City or Town
17.e.
State
17.f. ZIP Code
Additional Information About You
18.Are you in removal, deportation, or rescission
proceedings?
19.Was a fee paid to anyone other than an attorney in
connection with this petition?
20.Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United
States or abroad?
If you answered "Yes" to Item Number 20., provide a detailed explanation in Part 11. Additional Information or on a separate sheet of paper, and refer to the What Initial Evidence Is Required section of the Form I-751 instructions to determine what criminal history document to include with your petition.
3.
Height
Feet
4.Weight
5.Eye Color (Select only one box)
Black
Blue
Gray
Green
Maroon
Pink
6.Hair Color (Select only one box)
Bald (No hair)
Brown
Sandy
Inches
Pounds
Hazel
Unknown/Other
Blond
Red
Page 2 of 11
Part 3. Basis for Petition
Joint Filing
My conditional residence is based on my marriage or my parent's marriage to a U.S. citizen or lawful permanent resident, and I am filing this joint petition together with (Select only one box):
1.a.
My spouse.
1.b.
My parent's spouse because I am unable to be
included in a joint petition filed by my parent and my
parent's spouse.
OR (Select all applicable boxes in the next section.)
Waiver or Individual Filing Request
My conditional residence is based on my marriage or my
2.a. Family Name
2.b. Given Name
2.c. Middle Name
3.Date of Birth (mm/dd/yyyy)
4.U.S. Social Security Number (if any)
5.A-Number (if any)
►A-
parent's marriage to a U.S. citizen or lawful permanent resident, I am unable to file a joint petition with my spouse or my parent's spouse, because:
1.c.
My spouse is deceased.
1.d.
My marriage was entered in good faith, but the
marriage was terminated through divorce or
annulment.
1.e.
I entered the marriage in good faith, and, during the
marriage, I was battered, or was the subject of
extreme cruelty, by my U.S. citizen or lawful
permanent resident spouse.
1.f.
My parent entered the marriage in good faith, and,
during the marriage, I was battered, or was subjected
to extreme cruelty, by my parent's U.S. citizen or
6.a. Street Number
6.b. Apt. 6.c. City or Town 6.d. State
6.f. Province
6.g. Postal Code
6.h. Country
Ste. Flr.
6.e. ZIP Code
lawful permanent resident spouse or by my
conditional resident parent.
1.g.
The termination of my status and removal from the
United States would result in an extreme hardship.
Part 4. Information About the U.S. Citizen or Lawful Permanent Resident Spouse. If Filing as a Child Separately, Information About the U.S. Citizen or Lawful Permanent Resident Stepparent Through Whom You Gained Your Conditional Residence.
Relationship
Spouse or Former Spouse
Parent's Spouse or Former Spouse
Part 5. Information About Your Children
Provide information on all of your children. If you need extra space to complete this section, use the space provided in Part 11. Additional Information.
Child 1
2. Date of Birth (mm/dd/yyyy)
3.A-Number (if any)
4.
Is this child living with you?
5.
Is this child applying with you?
Page 3 of 11
(continued)
Child 3
13.a. Family Name
13.b. Given Name
13.c. Middle Name
14. Date of Birth (mm/dd/yyyy)
15.A-Number (if any)
16.
17.
18.a. Street Number
Child 2
7.a. Family Name
7.b. Given Name
7.c. Middle Name
8. Date of Birth (mm/dd/yyyy)
9.A-Number (if any)
10.
11.
18.b. Apt. Ste. Flr. 18.c. City or Town
18.d. State 18.e. ZIP Code 18.f. Province
18.g. Postal Code
18.h. Country
Child 4
19.a. Family Name
19.b. Given Name
12.a. Street Number
and Name 12.b. Apt.
12.c. City or Town 12.d. State
12.f. Province
12.g. Postal Code
12.h. Country
12.e. ZIP Code
19.c. Middle Name
20. Date of Birth (mm/dd/yyyy)
21.A-Number (if any)
22.
23.
Page 4 of 11
24.a. Street Number
24.b.
24.c.
24.d.
24.e. ZIP Code
24.f.
Province
24.g.
Postal Code
24.h.
Country
Child 5
25.a. Family Name
25.b. Given Name
25.c. Middle Name
26. Date of Birth (mm/dd/yyyy)
27.A-Number (if any)
28.
29.
Part 6. Accommodations for Individuals With Disabilities and/or Impairments
NOTE: Read the information in the Form I-751 Instructions before completing this part.
1.Are you requesting an accommodation because of your
disabilities and/or impairments?
2.Are you requesting an accommodation because of your spouse's disabilities and/or impairments?
3.Are you requesting an accommodation because of your included children's disabilities and/or impairments?
If you answered "Yes" to Item Numbers 1. - 3., select any applicable box for Item Numbers 4.a. - 4.c. Provide information on the disabilities and/or impairments for each person.
4.a. I am deaf or hard of hearing and request the following accommodation. (If you are requesting a sign-language interpreter, indicate for which language (for example, American Sign Language).):
4.b.
I am blind or have low vision and request the
following accommodation:
4.c. I have another type of disability and/or impairment. (Describe the nature of your disability and/or
30.a. Street Number
and Name 30.b. Apt.
30.c. City or Town 30.d. State
30.f. Province
30.g. Postal Code
30.h. Country
30.e. ZIP Code
impairment and the accommodation you are requesting.):
Page 5 of 11
Part 7. Petitioner's Statement, Contact
Information, Acknowledgement of Appointment
at USCIS Application Support Center,
Certification, and Signature
NOTE: Read the information on penalties in the Penalties section of the Form I-751 Instructions before completing this part.
NOTE: If you selected Box 1.a. in Part 3., your spouse must also read and sign the petition in Part 8. Signature of a conditional resident child under 14 years of age is not required; a parent may sign for a child.
Petitioner's Statement
NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.
I can read and understand English, and have read and
understand every question and instruction on this
petition, as well as my answer to every question. I
have read and understand the Acknowledgement of
Appointment at USCIS Application Support
Center.
The interpreter named in Part 9. has also read to me
every question and instruction on this petition, as well
as my answer to every question, in
,
a language in which I am fluent. I understand every
question and instruction on this petition as translated
to me by my interpreter, and have provided complete,
true, and correct responses in the language indicated
above. The interpreter named in Part 9. has also
read the Acknowledgement of Appointment at
USCIS Application Support Center to me, in the
language in which I am fluent, and I understand this
Application Support Center (ASC)
Acknowledgement as read to me by my interpreter.
2.
I have requested the services of and consented to
who
is
is not an attorney or accredited
representative, preparing this petition for me. This
person who assisted me in preparing my petition has
reviewed the Acknowledgement of Appointment at
USCIS Application Support Center with me, and I
understand the ASC Acknowledgement.
Petitioner's Contact Information
3.Petitioner's Daytime Telephone Number
4.Petitioner's Mobile Telephone Number (if any)
5.Petitioner's Email Address (if any)
Acknowledgement of Appointment at USCIS Application Support Center
I,
understand that the purpose of a USCIS ASC appointment is for me to provide fingerprints, photograph, and/or signature and to re-affirm that all of the information in my petition is complete, true, and correct and was provided by me. I understand that I will sign my name to the following declaration which USCIS will display to me at the time I provide my fingerprints, photograph, and/or signature during my ASC appointment.
By signing here, I declare under penalty of perjury that I have reviewed and understand my application, petition, or request as identified by the receipt number displayed on the screen above, and all supporting documents, applications, petitions, or requests filed with my application, petition, or request that I (or my attorney or accredited representative) filed with USCIS, and that all of the information in these materials is complete, true, and correct.
If conditional residence was based on a marriage, I further certify that the marriage was entered into in accordance with the laws of the place where the marriage took place and was not for the purpose of procuring an immigration benefit.
I also understand that when I sign my name, provide my fingerprints, and am photographed at the USCIS ASC, I will be re-affirming that I willingly submit this petition; I have reviewed the contents of this petition; all of the information in my petition and all supporting documents submitted with my petition were provided by me and are complete, true, and correct; and if I was assisted in completing this petition, the person assisting me also reviewed this Acknowledgement of Appointment at USCIS Application Support Center with me.
Page 6 of 11
Certification, and Signature (continued)
Petitioner's Certification
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my eligibility for the immigration benefit that I seek.
I furthermore authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws.
I certify under penalty of perjury, that the information in my petition, my responses to each question, and any document submitted with my petition were provided by me and are complete, true, and correct.
Petitioner's Signature
6.a. Petitioner's Signature
6.b. Date of Signature (mm/dd/yyyy)
NOTE TO ALL PETITIONERS: If you do not completely fill out this petition or fail to submit required documents listed in the Instructions, USCIS may deny your petition.
NOTE: If you are filing based on claims of having been battered or subjected to extreme cruelty waiver or individual filing, you are not required to have the spouse's or individual listed in Part 4's signature.
Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable)
Provide the following information about the spouse or individual listed in Part 4.
Spouse's or Individual's Statement
petition, as well as the petitioner's answer to every
question. I have read and understand the
Acknowledgement of Appointment at USCIS
Application Support Center.
every question and instruction on this petition, as
well as the petitioner's answer to every question, in
Spouse's or Individual's Contact Information
3.Spouse's or Individual's Daytime Telephone Number
4.Spouse's or Individual's Mobile Telephone Number (if any)
5.Spouse's or Individual's Email Address (if any)
Page 7 of 11
Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable) (continued)
understand that the purpose of a USCIS ASC appointment is for me to provide my fingerprints, photograph, and/or signature and to re-affirm that all of the information in my petition is complete, true, and correct and was provided by me. I understand that I will sign my name to the following declaration which USCIS will display to me at the time I provide my fingerprints, photograph, and/or signature during my ASC appointment.
I also understand that when I sign my name, provide my
Spouse's or Individual's Signature
6.a. Spouse's or Individual's Signature
NOTE TO ALL SPOUSES OR INDIVIDUALS: If you do not completely fill out this petition or fail to submit required documents listed in the instructions, USCIS may deny your petition.
Part 9. Interpreter's Contact Information, Certification, and Signature
Provide the following information about the interpreter.
Interpreter's Full Name
1.a. Interpreter's Family Name (Last Name)
1.b. Interpreter's Given Name (First Name)
2.Interpreter's Business or Organization Name (if any)
Interpreter's Mailing Address
fingerprints, and am photographed at the USCIS ASC, I will be re-affirming that I willingly submit this petition; I have reviewed the contents of this petition; all of the information in my petition and all supporting documents submitted with my petition were provided by me and are complete, true, and correct; and if I was assisted in completing this petition, the person assisting me also reviewed this Acknowledgement of Appointment at USCIS Application Support Center with me.
Spouse's or Individual's Certification
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my
3.a. Street Number
3.b. Apt. 3.c. City or Town 3.d. State
3.f. Province
3.g. Postal Code
3.h. Country
3.e. ZIP Code
eligibility for the immigration benefit that I seek.
Interpreter's Contact Information
4.Interpreter's Daytime Telephone Number
5.Interpreter's Email Address (if any)
Page 8 of 11
Part 9. Interpreter's Contact Information,
Preparer's Mailing Address
Interpreter's Certification
I certify that:
I am fluent in English and
, which
is the same language provided in Part 7., Item Number
1.b.;
I have read to this petitioner every question and instruction on this petition, as well as the answer to every question, in the language provided in Part 7., Item Number 1.b.; and
I have read the Acknowledgement of Appointment at USCIS Application Support Center to the petitioner in the same language provided in Part 7., Item Number 1.b.
The petitioner has informed me that he or she understands every instruction and question on the petition, as well as the answer to every question, and the petitioner verified the accuracy of every answer; and
The petitioner has also informed me that he or she understands the ASC Acknowledgement and that by appearing for a USCIS ASC biometric services appointment and providing his or her fingerprints, photograph, and/or signature, he or she is re-affirming that the contents of this petition and all supporting documentation are complete, true, and correct.
Preparer's Contact Information
4.Preparer's Daytime Telephone Number
5.Preparer's Fax Number
6.Preparer's Email Address (if any)
Interpreter's Signature
6.a. Interpreter's Signature
Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Petition, If Other Than the Petitioner
Provide the following information about the preparer.
Preparer's Full Name
1.a. Preparer's Family Name (Last Name)
1.b. Preparer's Given Name (First Name)
2.Preparer's Business or Organization Name (if any)
Preparer's Statement
7.a.
I am not an attorney or accredited representative
but have prepared this petition on behalf of the
petitioner and with the petitioner's consent.
7.b.
I am an attorney or accredited representative and
my representation of the petitioner in this case
extends
does not extend beyond the
preparation of this petition.
NOTE: If you are an attorney or accredited representative whose representation extends beyond preparation of this petition, you must submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with this petition.
Page 9 of 11
Part 10. Contact Information, Statement,
Certification, and Signature of the Person
Preparing this Petition, If Other Than the
Petitioner (continued)
Preparer's Certification
By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this petition on behalf of, at the request of, and with the express consent of the petitioner. I completed this petition based only on responses the petitioner provided to me. After completing the petition, I reviewed it and all of the petitioner's responses with the petitioner, who agreed with every answer on the petition. If the petitioner supplied additional information concerning a question on the petition, I recorded it on the petition. I have also read the Acknowledgement of Appointment at USCIS Application Support Center to the petitioner and the petitioner has informed me that he or she understands the ASC Acknowledgement
Preparer's Signature
8.a. Preparer's Signature
8.b. Date of Signature (mm/dd/yyyy)
Page 10 of 11
Filling out the I-751 form, officially titled "Petition to Remove Conditions on Residence," is a critical step for conditional residents who are seeking to become lawful permanent residents of the United States without conditions. This process involves providing detailed information about the conditional resident, their spouse (if applicable), and their children. Correct completion and timely submission of this form are essential for the continuation of legal residence in the U.S. Here are the steps needed to accurately complete the form:
After completing the form, ensure that you have attached all required documents as listed in the form's instructions. Submit the form to the appropriate address as specified by the United States Citizenship and Immigration Services (USCIS). Following the submission, you will receive a notice for a biometrics appointment and possibly an interview. It is crucial to attend all scheduled appointments and respond promptly to USCIS requests for additional information to avoid delays in the processing of your petition.
What is the purpose of USCIS Form I-751?
The purpose of USCIS Form I-751, Petition to Remove Conditions on Residence, is for conditional residents who obtained status through marriage to apply to the U.S. Citizenship and Immigration Services (USCIS) to remove the conditions on their residence. This form serves as a request to change their conditional status to permanent resident status, following two years of conditional residency. By filing Form I-751, conditional residents can prove that their marriage was genuine and not entered into solely for gaining an immigration benefit.
When should I file Form I-751?
Form I-751 must be filed during the 90-day period immediately before your conditional residence expires. Failing to file within this timeframe can result in loss of conditional resident status and potential removal from the United States. However, under certain circumstances, such as the end of the marriage due to divorce or annulment, or if the conditional resident has been battered or subjected to extreme cruelty by their spouse, an individual may apply for a waiver of the joint filing requirement and may file Form I-751 at any time after becoming a conditional resident but before being removed from the United States. It's crucial to pay attention to the expiration date on your Green Card to ensure timely filing.
Can I include my children in my Form I-751 petition?
Yes, you may include your children in your I-751 petition if they received their conditional resident status either at the same time as you or within 90 days thereafter. Including your children on your petition allows you to request the removal of conditions on their residency status as well. When completing Form I-751, you will need to provide detailed information about each child you are including in your petition, such as their name, date of birth, Alien Registration Number (if any), and whether they are currently living with you.
What happens if I do not file Form I-751?
Failure to file Form I-751 to remove the conditions on your residency within the prescribed period can have serious consequences, including the termination of your conditional resident status and initiation of removal proceedings. This essentially means you could lose your legal status in the United States and be deported. If you have missed the deadline for a valid reason, especially circumstances beyond your control, USCIS may accept your late submission if you can provide a detailed explanation and supporting documents to justify the delay. It is recommended to take action well in advance of your deadline to avoid such risks.
Filling out the Form I-751, which is essential for conditional residents who are seeking to remove the conditions on their residence, can sometimes be challenging and errors may occur. One common mistake is not providing complete information on previous marriages. It's crucial for applicants to disclose all previous marriages for both themselves and their spouse. Failure to provide this information can result in delays or even denial of the petition.
Another area where errors often happen is in the list of addresses since becoming a permanent resident. Applicants must provide a full history of their residences. Any discrepancies or omissions here can raise questions about the legitimacy of the application and can lead to complications in the processing of the form.
Many applicants also forget to sign the form. This may seem like a simple oversight, but an unsigned Form I-751 can lead to an automatic rejection of the application. Ensuring that the form is signed is a straightforward but vital step in the application process.
A critical but sometimes overlooked requirement is the inclusion of evidence to support the petition. This evidence is essential to demonstrate the bona fide nature of the marriage. Failure to submit sufficient evidence can lead to requests for further evidence or outright denial. Applicants should carefully review what is required and prepare their evidence accordingly.
Applicants often neglect to update their personal information, such as a change in mailing address. If USCIS is unable to contact an applicant due to outdated information, it could result in significant delays. It's important to keep all contact information current throughout the process.
Lastly, incorrectly filling out the basis of the petition in Part 3 can lead to questions regarding eligibility. Whether filing jointly or requesting a waiver, it's important to accurately describe the situation to ensure that the form is processed smoothly. Misunderstandings or incorrect filings in this section can significantly impact the application’s success.
When processing the Form I-751, Petition to Remove Conditions on Residence, applicants might need to prepare and submit additional documents to support their application. These documents are critical for a successful petition, especially in proving the bona fides of the marriage or addressing specific circumstances that justify the removal of conditions.
Each of these forms plays a crucial role in different situations involving the process of removing conditions on residence. Applicants must carefully review the requirements for their specific situation to ensure they submit all necessary documentation alongside their Form I-751. This careful attention to detail can significantly impact the outcome of their petition to become lawful permanent residents without conditions.
The Form I-130, Petition for Alien Relative, shares similarities with the I-751 form, as both are integral to the family-based immigration process. The I-130 form initiates the process for a U.S. citizen or lawful permanent resident to bring a family member to the United States, while the I-751 form is the next step for conditional residents who obtained their status through marriage to remove the conditions on their residency. Both forms require detailed personal information, evidence of the family relationship, and legal documentation to support the applicant's status.
The Form N-400, Application for Naturalization, is another document with aspects similar to the I-751. Both forms are used by individuals in the United States seeking to change or solidify their immigration status, with the I-751 focusing on permanent residency and the N-400 centered on obtaining citizenship. Applicants must provide personal information, background details, and pass certain requirements. However, the N-400 places more emphasis on the applicant's understanding of English and U.S. civics.
Form I-485, Application to Register Permanent Residence or Adjust Status, is akin to the I-751 form in that both are critical steps toward legal permanent residency in the United States. The I-485 is used by individuals already in the U.S. to obtain their green card, while the I-751 is specifically for those looking to remove conditions on their existing conditional green card. Both forms necessitate comprehensive personal information, background checks, and proof of eligibility for the requested immigration benefit.
Form I-129F, Petition for Alien Fiancé(e), shares a procedural likeness with the I-751 form, although they cater to different stages in the immigration process. The I-129F allows U.S. citizens to bring their foreign fiancé(e) to the United States for marriage, establishing the initial link in a chain that often leads to filing the I-751 as the next step after marriage and the conditional period. Both applications involve proving the legitimacy of the relationship and providing extensive personal details.
Lastly, the Form I-90, Application to Replace Permanent Resident Card, while distinct in purpose, resembles the I-751 in the sense that both deal with maintaining or updating one's status on the path to permanent residency. The I-90 is used to renew or replace a green card without conditions, unlike the I-751, which specifically addresses the removal of conditions. Nonetheless, both require the applicant to confirm their continued eligibility for permanent residency in the U.S., and to update their personal information with the immigration authorities.
Filling out the I-751 form, Petition to Remove Conditions on Residence, is a critical step for conditional residents who wish to maintain their status in the United States. Here are 10 things you should and shouldn't do during this process:
Keep in mind that careful preparation and thorough review of your I-751 form can significantly enhance your chances of approval. If necessary, consider seeking assistance from a legal professional to navigate through the process effectively.
There are several misconceptions around the I-751 form, officially known as the Petition to Remove Conditions on Residence. Understanding these misconceptions is crucial for conditional residents who are navigating the process of becoming lawful permanent residents (without conditions) in the United States.
You can file the I-751 form at any time before your green card expires. This is incorrect. The form should be filed within the 90-day period before your conditional green card expires. Filing too early or too late may result in processing delays or the need to refile, adding unnecessary stress and potential legal complications.
If you are divorced, you cannot file the I-751 form. This is not true. Divorced conditional residents may still file Form I-751; however, they will file it as a waiver to the joint filing requirement instead of filing jointly with their spouse. They need to prove that the marriage was entered in good faith.
You must remain married to your spouse until the I-751 is approved. While the process is simplified for couples who remain married, those who divorce can still have their conditional status removed if they can demonstrate that the marriage was genuine and not entered into for the purpose of evading immigration laws.
The process is straightforward, and getting approved is guaranteed. The petition requires thorough documentation to demonstrate that the marriage was bona fide. Approval is not guaranteed; every case is examined individually, and outcomes depend on the sufficiency and credibility of the evidence provided.
You don’t need legal assistance to file Form I-751. While it's possible to file the form without a lawyer, having professional legal guidance can be beneficial, especially in complicated scenarios like divorce, annulment, or instances of abuse. An experienced immigration attorney can help in preparing the petition and assembling the necessary documentary evidence to prove a good faith marriage.
Filing Form I-751 automatically extends your green card for a year. Upon receipt of the I-751, USCIS provides a receipt notice that extends the validity of the green card for 18 months, not just one year. This allows continued employment and travel while the petition is being processed.
Dispelling these misconceptions is key to ensuring that conditional residents effectively navigate the process of removing conditions on their residence. Being armed with accurate information and, when necessary, proper legal representation, helps in making the transition smoother and more predictable.
When dealing with the Form I-751, Petition to Remove Conditions on Residence, understanding key elements and requirements can make the process smoother. Here are ten essential takeaways for anyone filling out or using this form:
Remember: Accuracy and completeness of the Form I-751 are vital for the successful removal of conditions on residence. Applicants are encouraged to thoroughly review the form and attached instructions or seek assistance to ensure all requirements are met.
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