Form I-751: Petition to Remove Conditions on Residence

If you are a conditional permanent resident of the United States and have been granted conditional residency based on your marriage to a U.S. citizen or permanent resident, you are required to file Form I-751, Petition to Remove Conditions on Residence, before your two-year conditional residency expires. This essential step will allow you to transition to permanent resident status without conditions. Failing to file Form I-751 on time could lead to the loss of your permanent resident status and possible deportation.

What is Form I-751?

Form I-751 is a critical step for conditional permanent residents who received their status through marriage. When you are granted conditional residence, it is typically for two years. During this period, USCIS needs to verify that your marriage was genuine and not entered into solely for the purpose of obtaining immigration benefits. To remove the conditions on your residency, you and your spouse must jointly file Form I-751, providing evidence of a bona fide marriage.

Why is Form I-751 Important?

Filing Form I-751 is necessary to:

Remove the Conditional Status: Conditional permanent residency is temporary. To secure your status as a lawful permanent resident (LPR), Form I-751 must be filed.
Avoid Deportation: If you do not file Form I-751 on time or fail to prove that your marriage was genuine, you risk losing your permanent resident status, which could result in deportation.
Obtain a 10-Year Green Card: Once approved, Form I-751 will allow you to obtain a 10-year Green Card, which is the permanent status in the United States.

Who Should File Form I-751?

You should file Form i751 if:

You are a conditional permanent resident who was granted status based on your marriage to a U.S. citizen or lawful permanent resident.
You are within the 90-day window before your conditional residence expires (you should file during this period to avoid penalties).
You remain married and continue to live with your spouse.
If your spouse is deceased or you are no longer married, there are provisions in place for filing i751 without their assistance. In such cases, you will need to provide additional documentation and evidence to support your petition.

Common Issues and Challenges

The process of removing conditions on your residence can be complex, especially if there are issues with your marriage, or if you face other legal challenges. Some common concerns include:

Filing Late: Failing to file Form I-751 within the designated time frame could lead to the loss of your conditional resident status.
Joint Filing Requirements: You must typically file the petition jointly with your spouse. However, if you are unable to do so, we can help you navigate the process and explore options, such as filing as a waiver of the joint filing requirement.
Proving a Bona Fide Marriage: USCIS wants to ensure your marriage is legitimate. This means you will need to provide sufficient documentation showing that your relationship is real. This can include shared financial records, photographs, joint property ownership, and other evidence of a life together.

How We Can Help

Filing Form I-751 can be a stressful and complicated process. Our experienced immigration attorney is here to help guide you through every step, from gathering the necessary documents to responding to any Requests for Evidence (RFEs) or interviews. We will ensure your petition is filed on time and that you provide the strongest case for the removal of conditions on your residency.

If you have any questions or need assistance with filing your I-751 Petition to Remove Conditions on Residence, please contact us today. Our team is dedicated to helping you achieve your immigration goals and secure your future in the United States.