Form I-751 is also known as the “Petition to Cancel Conditions on Residency”. This is a crucial document for conditional residents in the United States. By filing this form, individuals can apply for removal of the conditions of their green card status, paving the way for permanent residency.
Ready to take the next step to secure your future in the United States? Don’t navigate the complexities of the I-751 form alone. Let us help you secure your future in the U.S.
Table of Contents
What is Form I-751?
Form I-751 is the means by which a conditional resident alien can remove those conditions and gain access to a green card for permanent residence.
When an alien obtains lawful permanent resident status (green card) by marriage to a U.S. citizen or permanent resident, he or she is initially granted conditional permanent resident status. This conditional status is valid for two years.
When to File Form I-751?
If you have obtained conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, you will need to complete Form I-751, Petition to Remove Conditions on Residence, to request removal of those conditions.
Requirements for filing Form I-751
| If | Then |
| The marriage continues and he will make a joint presentation in the company of his spouse. | You must file your Form I-751 within 90 days prior to the expiration date of your conditional residency. |
| Will make a individual filing because: your spouse died; their marriage ended because of divorce or you or your child was abused or neglected, or subjected to extreme cruelty by his or her spouse; was mistreated or subjected to extreme cruelty by their parent or their parent’s spouse; cancellation of status and deportation will result in extreme hardship | You may file your Form I-751 individually, with a request for a waiver of the joint filing requirement at any time before your conditional permanent resident status expires. |
| Your conditional green card has expired | You will need to write a letter explaining the reasons for the delay in submission. In certain cases, USCIS may make an exception. |
If you have questions such as What happens if I divorce before permanent residency? you can consult with our experts.
Do not waste time. File your Form I-751 before your conditional permanent resident status expires! Our team is ready to help you remove those conditions and secure your future in the United States. Don’t wait any longer and take the first step towards your new life!
How to file Form I-751?
To remove the conditions from your green card, you must follow three steps: Download and complete Form I-751. Gather the documents and pay the required fees. Submit your application to USCIS by mail or online. Simplify the process and secure your permanent residency status with our help. Call today!
How do I complete Form I-751?
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Step 1: Basic information
In the first section you must include name, marital status, alien registration number and USCIS online number (if available). The alien number can be found on your conditional green card, while the USCIS number can be found on their website. Please note that if you have not used USCIS online services, you will not have a USCIS number.
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Step 2: Biographical information
This step will ask for information about your biological condition, such as height, weight, ethnicity, etc.
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Step 3: Reason for request
Here you will find two boxes.
– If you are filing with your spouse you must check “Joint Filing“.
– If filing individually you must check: “waiver or individual filing request“. This involves clarifying the reasons for not making the joint application. -
Step 4: Holder information
In this section it is necessary to include information about the green card or citizenship holder spouse who is acting as your sponsor.
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Step 5: Derivative family member information
In this section you can include your children, if you have them.
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Step 6: Relevant considerations
This includes any information pertaining to disabilities or other information deemed relevant to USCIS authorities.
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Step 7: Acknowledgement and signatures
The final section is used to verify that all information is correct and that both the petitioner and spouse sign.
Documents needed to complete Form I-751
You need to accompany your USCIS form with the following supporting documentation:
- Copy of your green card of conditional permanent resident. You must include both front and back. As well as copies of the green card of your children, in case you include them.
- Proof of a bona fide marriage. You can check the requirements in our services section.
- Information on criminal convictions or charges against you.
- In case of delay, evidence justifying the delay.
- In case of individual filing, evidence justifying the filing (death certificate of your spouse, final divorce decree, evidence of extreme cruelty).
- Form filing fees and biometrics.
Submit Form I-751
Once you have completed the form, paid the fees and attached the necessary documents, you may submit your application to the USCIS. If you send it by mail, the mailing address will depend on the postal service you use, so we recommend you consult the USCIS website website for the correct address.
Need help completing your documents? We are here to assist you. Don’t let the process overwhelm you. We know how stressful it can be. Let us be your support and ease that burden. Our team of immigration experts is ready to provide you with the help you need.
What happens after I file Form I-751?
Once you have filed Form I-751, you will receive a USCIS notice. From that moment on, you will be able to check the status of your application online at any time to find out the waiting time for your filing.
Status of my presentation
You can check the status of your I-751 wait time online. To do so, you can follow these steps:
- Step 1: Visit your state’s website. To do so, you must select “I-751: Remove Conditions” in the “Case Type” box.
- Step 2: Enter your 13 character case receipt number
- Step 3: Click on the “Check Status” button.
If you are experiencing difficulties in processing your application or have questions about the status of your case, we encourage you to contact the USCIS National Customer Service Center at 1-800-375-5283. They will be happy to assist you and give you the necessary help.
I-751: Waiting Time
Based on our experience, the wait time for Form I-751 for the removal of conditions on the green card with spouse usually takes between 10 and 31 months. You can use the USCIS processing calendar to estimate your I-751 waiting time.
If you find yourself wondering Why is my green card not arriving?It is important to find out the estimated waiting times for each process and if there are possibilities to speed it up. Evaluate your case with our help.
What may be the USCIS decisions?
Once USCIS evaluates your case, there are three possible resolutions:
| If… | Then… |
| You made a joint presentation and provided solid evidence of his case, | USCIS will waive the interview and remove the conditions of your permanent residency and you will receive your green card for 10 years. |
| You made an individual presentation, or your evidence is insufficient, | USCIS may choose to request an interview with the petitioner. |
| USCIS believes that your application is incorrect or your evidence is insufficient. | Your request will be denied. In this case you may appeal the decision, attach new evidence or file a new application. |
USCIS approved my I-751 Can I apply for citizenship?
Of course! Once you have obtained your permanent resident card without conditions, you may begin the process of applying for citizenship. Don’t forget that there are a requirements that you must that must be met. If you have any questions contact our office and tell us about your case. Our experts are available to help you!
Can I apply for citizenship while the I-751 is pending?
There are no legal restrictions on someone applying for citizenship while filing Form I-751. However, it is generally not recommended to do so while the I-751 application is still pending, as this could complicate or delay the processing of both applications.
USCIS requested an interview for my Form I-751. What should I do?
First of all, you should not worry. Most applications for permanent residence require an interview with USCIS. That means your case is on the right track.
If you’re in doubt, you can follow these tips:
- Be well prepared: Familiarize yourself with all documents and details provided in your application. Review your case and be able to clearly explain the reasons why you are requesting the removal of conditions from your residence.
- Review your documents: Be sure to bring all original documents and back-up copies that support your application. This may include evidence of your legitimate marital relationship, such as photographs, joint contracts, shared bank accounts, among others.
- Practice possible questions: Anticipate possible questions that may be asked during the interview. Practice your answers clearly and concisely. Focus on the authenticity and strength of your marriage relationship.
- Remain calm and honest: During the interview, remain calm and answer all questions honestly. Avoid providing false or misleading information, as this could hurt your case.
- Cooperate with the immigration officer: Follow the instructions of the immigration officer and cooperate fully during the interview. Provide any additional documents or evidence requested in a timely manner.
Do you need professional advice for your USCIS Form I-751 interview? Our immigration attorneys are here to help you. Get expert guidance and increase your chances of success. Contact us today to schedule a consultation and ensure a smooth process for your residency condition removal application!
What should I do if my Form I-751 application is denied?
If your Form I-751 is denied, you have options. First of all, it is vital to carefully review the denial notice to understand the reason and possible actions to be taken.
You may be asked to provide additional evidence or information. In some cases, you will need to attend an interview with a USCIS officer. Also, if you believe that the decision was incorrect or there were errors in the process, you may file an appeal or a motion to reopen or reconsider with the USCIS.
I-751 denied, can I continue working?
If your I-751 application is denied, you risk losing your conditional permanent resident status and ability to work in the United States. However, it still has options.
You may file an appeal or request that your case be reopened or reconsidered. In the meantime, it is possible to apply for an Employment Authorization Document (EAD), however it is not certain that it will be granted. It is advisable to seek the advice of an immigration attorney to evaluate your particular situation and make the best decisions. Tell us your case!
Problems with Form I-751? Consultation with a lawyer
Having an immigration attorney help you with your application for removal of conditions is a decision that can make all the difference. A removal of conditions attorney understands the complex legal requirements and can provide personalized advice to increase your chances of success.
An attorney can help you gather and present adequate evidence, draft strong arguments, and advocate on your behalf in the event of an appeal or reconsideration. In addition, a specialist will keep you updated on any changes in immigration laws that may affect your case.
Do not face this complicated and crucial process alone. Rely on an expert to ensure a smooth process and protect your rights throughout the process.
Sources:
USCIS – Form I-751
USCIS – Removal of Conditions
Other articles about Condition Removal that may be of interest to you
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Green card by marriage in the United States, in detail
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What are the requirements for family reunification in the United States?
What are the requirements for obtaining U.S. citizenship?
Renewal of permanent residency in the United States: steps and documentation
