I-751 Removing Conditional Residency

If you are married for less than two years at the time you receive your green card through your U.S.

Citizen spouse USCIS will grant you a conditional green card, which will be valid for two years. Failure to file the I-751 application will result in the termination of your green card and can result in removal proceedings being initiated by the USCIS.

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;
• Are a child and, for a valid reason, cannot be included in your parent’s’ 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.

If the marriage has terminated or the sponsoring individual refuses to cooperate, you may also file for a waiver of the joint filing requirement. In such instances, you should definitely consider the services of an experienced immigration attorney.

If you are still married:

You and your spouse must apply together to remove the conditions on your residence. You must file Form I-751 with supporting documents ninety days before the expiration of your conditional green card.

If you file Form I-751 on time, USCIS will automatically extend your conditional resident status until a decision has been made on your application.

If You Are In Divorce Proceedings But Are Not Yet Divorced and:

• Your waiver request is pending. USCIS will issue a request for evidence (RFE) requesting a copy of the final divorce decree or annulment.
• You filed a Form I-751 petition jointly. USCIS will issue a request for evidence (RFE) requesting a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

If You Are No Longer Married or If You Have Been Battered or Abused:

You can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship;
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition;
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition.

If You Are Late In Applying:

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

Otherwise, if you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

• Your conditional resident status will automatically be terminated and USCIS will begin removal proceedings against you by issuing a Notice to Appear at a hearing in front of the immigration judge.

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.