Understanding Form I-751

Introduction

In 2023, more than 1,173,000 individuals became Lawful Permanent Residents of the U.S. 

When immigrating to the U.S., it is a dream for most people wishing to settle down in the U.S. to go through the naturalization process and become a citizen. However, it is very difficult to get U.S. citizenship. The next best thing is acquiring a green card issued by the U.S. Citizenship and Immigration Services (USICS) that allows a person to freely work and reside in the U.S. 

Sometimes, when a green card is issued to an individual the USCIS imposes certain conditions on the green card and the residence status. This is known as a “Conditional Green Card” or conditional permanent resident (CPR) status.

This blog will cover every aspect of removing conditions from a green card.

What Is Form I-751?

USCIS Form- I-751 is a petition to remove conditions on permanent residence. It may be filed by a conditional resident spouse, child, or even an attorney/accredited representative. This form is used to showcase that the marriage between the petitioner and the U.S. Citizen or LPR was entered bona fide and in good faith. 

Further, it demonstrates and establishes the eligibility of the petitioner to become a lawful permanent resident of the U.S., and that the marriage was not entered solely for the reason of acquiring a green card.

When Is A Conditional Green Card Issued?

Conditional permanent residence status based on marriage is provided under Section 216 of the Immigration and National Act (INA). Usually, the conditions are imposed in cases where the green card is applied through marriage, where at the time of the grant of conditional green card the holder was married for less than 2 years with a U.S. Citizen or lawful permanent resident (LPR). 

Conditional green cards are also issued in instances where the grant of permanent residence status is through an EB-5 Immigrant Investor Program. The reason behind imposing conditions is to curb illegal immigration and attempts to circumvent immigration law.

What Is The Difference Between a Conditional Green Card And A Regular Green Card?

Green Cards are usually issued for 10 years and can be renewed by the holder multiple times without any specified limit. However, a conditional green card is issued for 2 years and expires thereafter if the conditions are not removed. If the status expires then you may be removed from the U.S. 

Who Needs To File Form-I-751?

If you acquired conditional permanent residence status by marriage to a U.S. citizen or LPR, then you are required to file Form I-751 to remove conditions on residence. Also, if you are filing Form I-751, and acquired a conditional residence status through marriage, and have dependent children (unmarried and under the age of 21) who acquired conditional residence status the same day as you did or within 90 days, then you should include the names and Alien Registration Number (A-number) of the children, along with a copy of the permanent resident card. 

If the dependent children acquire conditional permanent residence status 90 days after the spouse of the U.S. Citizen/LPR, or the spouse dies before filing, then the children are required to separately file a joint Form I-751 petition with their U.S. citizen or LPR parent/step-parent to have conditions on status removed. 

When Is Form I-751 Filed? 

It is advised that Form I-751 should be filed during the 90 days immediately before your conditional residence expires. It may also be filed at any time, even before the 90 days, in case of a child filing a joint petition. However, late submission may lead to delayed processing time which may lead to the expiry of status during the processing of the petition. 

The USCIS in December 2023 clarified through a policy note that in case conditional permanent resident status was terminated for failure to timely file Form I-751, then you may adjust your status to permanent residence on a new basis, regardless of whether or not the USCIS issued a notice of termination of status before you applied to register “Permanent Residence” or “Adjust Status” (Form I-485).

The form may be filed separately or jointly with your spouse. 

Joint Filing

Generally, in cases where the marriage subsists with the same U.S. Citizen/LPR spouse or in case of conditional resident children where their parent is still married to the same U.S. Citizen/LPR, the petition is filed jointly.  

Separate Filing

Separate filing is allowed only in those cases where the spouse is deceased, you are divorced/the marriage is annulled, termination of status and removal from the U.S. would result in extreme hardship, or you and/or your conditional resident children were battered, or subjected to extreme cruelty. Children may also file a separate petition if they were battered or subjected to extreme cruelty by their parent, or  U.S. citizen/LPR stepparent.

How To Fill Form I-751?

Filling out USCIS Form I-751 can be confusing for you if you are not familiar with navigating government forms. It can be tricky and the smallest mistake, may in some cases lead to the rejection of the petition and revocation of conditional permanent residence status. This guide will help you to know the essential information in filling out form I-751:

• You must remember to either type or print in black ink.
• In case a section does not apply to you should not leave it empty. It is advised to write N/A or Not Applicable.
• You may either sign by hand or you may provide and attach a photocopied, faxed, or scanned copy of an original handwritten signature. 
• You must submit legible photocopies of required documents unless the USCIS requires the submission of an original at any time during the process.
• Unless a waiver for joint filing has been procured, you must submit documentary evidence that the marriage through which a person received their conditional permanent residence has not been judicially annulled or terminated, other than through the death of a spouse.
• To establish that your marriage is bona fide you must prove that:
  •  it was entered as per the laws of the place of marriage, 
  • no fee or consideration was given to the U.S. citizen/LPR spouse to enter into the marriage by you (the conditional resident spouse) or any other interested party 

Here’s a list of the standard information that you have to provide for properly filling Form I-751:

1. Part 1- This part of the form comprises your personal information.
   • You must provide information about your name, aliases, date and country of birth, nationality, citizenship, alien registration number, and U.S. Social Security Number (if you have been assigned any). 
   • You are further required to provide details about your marital status, date and place of marriage, whether the marriage through which you gained conditional residence still subsists (date on which it ended if applicable), mailing address, physical address, and criminal record (arrests, detentions, indictments). 
2. Part 2- This part comprises the physical and biographic information. In this section, you must provide detailed information about your ethnicity, race, height, weight, eye color, hair color, etc. While your home country may use centimeters to measure height and kilograms for weight, you must convert the information into the metric used by the USCIS and input it correctly. 
3. Part 3- This part comprises the basis for the petition. This means whether you are filing jointly with your U.S. citizen/LPR spouse or in the case of children the spouse of their parent. In case you are not filing jointly, you must provide reasons for not filing jointly. This section comprises a tickbox so you can select the reason that applies to your situation.
4. Part 4- This part of the form contains information such as the name, address, and social security number of the U.S. citizen/LPR through whom you gained conditional permanent residence. 
5. Part 5- This part is applicable only if you have children. In case you do, then you must provide their names, date of birth, physical address, mailing address, and whether they are living with you and applying for removal of conditions on permanent residence with you. 
6. Part 6- In this section, you must fill in if you or your spouse have any disability and/or impairment, and accommodation is required from U.S. authorities. 
7. Parts 7 and 8- This part comprises acknowledgment and signatures. You and your spouse must verify that all the information that you have filled in the petition is true and correct. You as the conditional permanent resident spouse must fill and sign in Part 7 and your U.S. citizen/LPR spouse must fill and sign in Part 8.
8. Parts 9 and 10- This part is required to be filled only if you have taken the assistance of an interpreter, preparer, or immigration attorney’s assistance in filing the form. The person you used must fill in their contact information, certification, and signature. 
9. Part 11- This part contains provision for space in case of adding additional information. If you require extra space for any information in the preceding sections then you may add the same in this part. Additionally, you must indicate the page number, part number, and item Number to which your answer refers; and sign and date each sheet that you attach in this part. 

FileRight.com provides you with customized filing instructions to file Form I-751 and its proprietary immigration software checks for errors, providing a seamless experience to fill out USCIS forms. You just have to answer a few questions and FileRight.com will handle everything.

Filing Requirements

Here’s a list of the filing requirements For Form I-751:

• Two completed Form FD-258 Fingerprint Cards for each of the petitioners and the conditional resident children who are 14 to 79 years of age.
• Two passport-style photographs for each of the petitioners and the conditional resident children, regardless of age.
• Evidence of extreme hardship (if applicable)
• Copies of the front and back of petitioner’s Permanent Resident Card
• Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable);
• Evidence of the relationship between the Petitioner and the U.S. Citizen/LPR spouse and the dependent conditional resident children (if applicable)
• Copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not to circumvent U.S. immigration laws. 
• The final divorce or annulment decree if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty (if applicable)
• An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable) 
• Your spouse’s or stepparent’s death certificate (if applicable) 
• Dispositions on criminal charges, arrests, or convictions (if applicable)

Filing documents depends upon the category that you are filing for and the relief that you may be claiming. For further information related to the documents that must be mandatorily filed with Form I-751, refer to the checklist of required initial evidence and the instructions for filing Form I-751, or refer to an immigration attorney. 

What Are The Form I-751 Fees?

In general cases, USCIS charges $750 for paper filing. However, the same may be reduced to $0 in situations where the conditional permanent resident, spouse, or child filed a waiver of the joint filing requirement based on battery or extreme cruelty. Further, you may apply for a fee waiver or fee reduction based on your household income or financial hardship (if any). 

Other fees that you may have to pay to file the form and process your petition may include:

1. Document Translation Fee- In case you file any documents that are in a language that is not English, then you may have to get them translated by a certified translator. The cost may vary depending on the number of documents and the language from which the documents are being translated.
2. Photography Fee- To adhere to the filing requirements, you must include passport-size photographs in your final form. 
3. Document fee- There may be multiple documents that you may have to submit either physically or digitally to the USCIS. As such acquiring official documents may require fees that would be charged by the concerned government/department. You must also provide photocopies of the document. While the cost of photocopies may be negligible, however, it may add up if the documents are voluminous.

The fee charged by USCIS is non-refundable. In case the petition to remove conditions on permanent resident status is rejected, the petitioner has to file the form again and pay the prescribed fee. FileRight.com offers a money-back guarantee, which includes the fee paid to us and the government filing fee paid to USCIS for an affordable package preparation fee of $285.

What Is The Processing Time Of Form I-751?

The period that a petitioner may have to wait after filing Form I-751 may vary on a case-to-case basis, and may as well extend from a few weeks upto several years. As such there is no straightjacket formula to determine your wait time. That being said, you should regularly check your Case Status by entering your application receipt number, which is the 9-digit unique number on the back of your conditional green card. Additionally, you can also contact the USCIS, if you believe that the USCIS is taking too long to process your petition and the wait time is beyond the normal time of the field office where your petition was filed. 

In cases where the USCIS suspects fraud or misrepresentation, or where documents/material information is not provided by the petitioner, the wait time may be longer. Hence, you must ensure that you provide complete and credible information to the best of your knowledge. 

If you have filed Form I-751 on time within the 90-day window, however, your petition takes time to process, you still retain your conditional permanent resident status. Even if the two years of your conditional green card validity have elapsed, as long as you had filed Form I-751 on time, you retain your status, until the USCIS approves or denies your petition, provided you are actively pursuing the status of your case. 

This extension enables you to reside and carry on work in the U.S. until the USCIS decides on your petition. You may also travel abroad while carrying your expired green card, provided that you possess a valid receipt number of Form I-751.

What Are The Benefits Of My Application To Remove Conditions On Residence Is Accepted?

After removing the conditions on your permanent resident status you receive a green card that is issued for 10 years and may be renewed indefinitely. This card is not only evidence of your status but also gives you the right to reside and carry on work in the U.S. during the validity of your permanent residence status, as well as travel abroad and re-enter the U.S. without filing for advance parole. 

Further, you acquire the status of a lawful permanent resident or LPR which may act as a pathway to U.S. citizenship in the future.

What Are The Grounds Of Denial Of Form I-751?

Your Form I-751 petition to remove conditions on permanent residence may be denied by the USCIS if:

1. You’re unable to file the petition on time and the USCIS does not grant an exemption. 
2. You’re unable to demonstrate that the marriage was entered in “good faith” and the marriage is “bona fide”.
3. You fail to pay the prescribed filing fee(s).
4. You do not attach any document that was mandatorily required or you do not fill the required fields of Form I-751, after notice or within the prescribed time.  
5. You commit fraud or misrepresentation.
6. You are suspected of committing fraud or misrepresentation and you are unable to prove otherwise. 
7. You are/were arrested, detained, or imprisoned for any violation of a rule or ordinance, whether in the U.S. or abroad. This acts as a criminal bar to admission. 

Conclusion

Form I-751 allows a person to file a petition to remove conditions on his permanent residence. However, to remove the conditions the petitioner must fulfill certain prerequisites and file the petition on time. In case a petition is not properly filed or is denied, then the status of the condition green card holder may be terminated and they may be removed from the U.S. It is advisable to check the form version and fee schedule before final submission. In case of any queries, an immigration solution provider must be consulted. Before filing Form I-751 take a free questionnaire on FileRight.com to see whether you are required to remove conditions on permanent resident status or not and whether filing Form I-751 is the right way to proceed. 

FAQ’s

What if I divorce my spouse before filing Form-I-751?

In cases where you divorce your U.S. citizen/LPR spouse or the marriage is annulled, you may file your petition separately. In case of divorce or annulment, you will be required to provide a copy of the final divorce decree or annulment to treat the filing of Form I-751 as a waiver filing. 

Where do I file my Form- I-751?

Form I-751 is filed physically in paper form. The delivery address varies based on the state in which you reside. You may directly file at the USCIS Lockbox Facility or mail through USPS, FedEx, UPS, or DHL corresponding to your state. 

I received my conditional green card by applying through the EB-5 Immigrant Investor Program. Should I file Form I-751 to remove conditions on residence?

No, in cases where the conditional green card is issued through the EB-5 Immigrant Investor Program,  the beneficiary must file USCIS Form I-829 to remove conditions. 

Can I be called for an interview after filing Form I-751?

In 2018 the USCIS mandated an interview of spouses filing a petition to remove conditions on permanent residence. However, since 2022, the USCIS may exempt the requirement of an interview if the evidence and documents which are provided in the petition, do not on the face of it reveal any discrepancy and establish a marriage entered into in “good faith”. 

However, the USCIS may still at its discretion send a notice to the petitioner to appear for an in-person interview to demonstrate eligibility to remove conditions on permanent residence status. The petitioner must carry the originals of all the relevant documents and copies of forms.

I could not file my Form I-751 timely and my green card expired. Can I file the form now?

USCIS allows late filing in exceptional circumstances where the petitioner writes a letter and establishes that he/she was prevented by “extraordinary circumstances” beyond their control to file on time and the delay was “reasonable”. 

How can I show that my marriage was entered in “good faith”?

To show evidence of your relationship you may submit as many documents to prove that your marriage was entered in good faith such as birth certificates of children born during the time of this marriage, lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence, financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, or joint installment or other loans, etc.