Filing Form I-750 is critical in maintaining your permanent residence in the United States and obtaining an unrestricted green card. This procedure is necessary for conditional residents who obtained their status through marriage to a US citizen. An I-751 petition requests the USCIS to remove the conditions of your residence and finalize your permit residence.
Unless your marriage has ended in a divorce annulment or your spouse is a threat to your safety, you must file the petition jointly. The USCIS has timelines that you must meet when filing this petition. Additionally, you must present evidence to prove that you entered the marriage in good faith. The approval of your I-751 petition will result in a ten-year unconditional green card.
If you consider filing a petition to remove the conditions of your residence, you must hire and retain an experienced immigration attorney. Your lawyer will help you by filing the form for your option and submitting the necessary supporting documents for a successful petition.
An Overview of the I-751 Petition
An I-751 petition is a request for conditional residents to have the conditions of their residency removed. Filing this petition is necessary for individuals who obtain permit residency through marriage. Often, the conditional residence obtained through marriage lasts up to two years, after which you must petition the USCIS to change it to a 10-year unconditional green card.
With Form I-751, you can prove to the U.S Citizenship and Immigration Services that, while your marriage was young when you applied for the green card, the union is genuine and not for immigration benefits. You can apply for unconditional residence even when your marriage ends or your spouse dies.
When filing for this petition, you must meet the time requirements and present sufficient evidence to the USCIS. The ideal timeline for filing Form I-751 will vary depending on your situation.
Filing Jointly with Your Spouse
When you file an I-751 petition with your spouse, you must submit the relevant forms within 90 days of the expiration of your conditional residence. Since Form I-751 is a joint petition, you will fill it out and sign it with your spouse. In most cases, the USCIS will reject any petitions mailed to them more than ninety days before the conditional period.
If you have not filed the petition within this timeline, you will be eligible for deportation. When determining the right time to file your petition, you should look at the expiration date indicated on your green card and file within 90 days of the expected expiration.
Filing without a Spouse
Although Form I-751 is a joint petition, there are circumstances under which the joint filing requirement could be filed, including:
- You entered a marriage in good faith and were terminated through annulment or divorce.
- You are a victim of extreme cruelty or abuse from your spouse.
- Your spouse is deceased.
- The termination of your residency could result in extreme hardship.
The timeline will be more flexible when you file a petition to waive the joint filing. However, you must have the relevant documents to support your need for the waiver. It is important to speak with an immigration attorney before filing an I-petition without a spouse.
Filing Form I-751 when After Expiration of your Conditional Green card
Sometimes, the U.S. Citizenship and Immigration Services will allow individuals to file an I-751 petition after their conditional green card expires. However, you must write a letter explaining your reasons for not filing within the required timeline. Your petition will be granted under these circumstances if your delay in filing resulted from issues beyond your control.
I-751 Petition Process
If you seek to have the conditions of your residence removed, you must file Form I-751 at the USCIS. The following are the steps necessary for your petition:
Ensure you Meet the Eligibility
You can apply for the removal of the conditions of your permanent residence under the following circumstances:
After two years of receiving conditional residence, you are still married to a sane US citizen or legal permanent resident.
- You are a child who cannot be included in your parent’s application for valid reasons.
- You are a widower or widow of a marriage entered into in good faith.
- Your marriage to a US citizen or permanent resident ended in a divorce or annulment.
- You entered a marriage in good faith, but you or your child are victims of battery by your US spouse.
- A termination of your residence could cause great hardship for your life.
Download and Fill Form I-751
If you are eligible for removal of the conditions of your residence, you must download Form I-751, print it, and fill it out. Different sections that need to be filled out for your petition include:
- Personal information. In this section, you will provide information, including your name, marital status, and alien registration number, which can be found on your green card.
- Biographic information. You must provide details such as height, weight, and eye color.
- The basis of your petition. When seeking to remove your residence conditions, you must explain the reason for filing your petition.
- Spouse and child information. In this section, you will provide the basic information of the green cardholder you are married to. If you have children in the union, you must include their information.
Organize Supporting Documents
You must attach the following documents to your petition for removal of your permanent residence conditions:
Your Permanent Residence Card
You must submit a copy of your permanent resident card for you and your dependent children. However, if you reside overseas on government or military orders, you must present passport-size photos of yourself and your dependents.
Additionally, overseas residents aged between fourteen and seventy-nine must submit completed fingerprint cards with their Alien numbers indicated on each. The consulate or US embassy prepares these fingerprint cards.
Evidence of a Good Faith Marriage
Applicants to Form I-751 must submit documents showing that they entered the marriage in good faith and not in search of immigration privileges. Some of the documents that could help you prove this fact include:
- Birth certificates of children born in the marriage.
- Mortgages and lease contacts you have entered as a couple since the marriage.
- Financial records indicating jointly owned financial assets and investments.
- Affidavits are sworn by at least two individuals who have known you since the permanent residence was granted and can attest to your marriage and relationship. Each affidavit must contain the person's full name, address, and how they acquired knowledge about your relationship.
Evidence of Death, Annulment, Abuse, Divorce, or Hardship
If you are filing an individual petition, you must prove that you are a widow or that your spouse has subjected you to extreme abuse. Therefore, your petition should be accompanied by the following documents:
- A copy of your spouse’s death certificate.
- A copy of the divorce decree or annulment of the marriage.
- Evidence of abuse, which could include police reports, photographs, or records of domestic abuse charges filed against your spouse.
- Evidence that you will be subjected to extreme hardship if your permanent residency is terminated.
Your Criminal History
Your criminal history is another document that needs to accompany your I-751 petition. If you were detained without filing criminal charges, you must present a copy of an official statement from the arresting agency. The statement confirms that the prosecution or DA did not file charges against you.
If your arrest resulted in criminal charges being filed, you will need a certified copy of the sentencing for each incident. Additionally, you must present parole and probation records from the immigration department.
Pay the Filing Fee
The filing fee for Form I-751 is $750. If you cannot afford this amount, given your financial situation or household income, you can file a waiver. You can pay your filing fee using a personal check, cashier’s check, or money order.
Submit your petition
The USCIS will only accept a petition via mail. Therefore, you must present your petition and documents in their offices. You can check where to mail these documents by logging into their website and checking the available offices near you.
Receipt
After filing your petition, you will receive a notice in the mail informing you that your I-751 form has been received. The receipt through Form I-751 can be mailed with other documents, including an extension of your stay in the US while your petition is under review.
Wait Time
The wait time for your I-751 petition approval will vary depending on the caseload of the USCIS offices where you present it. Although your petition can take up to three years before approval, your residence will expire once your case is determined.
Biometrics
After your petition is reviewed, you will receive details of your biometrics appointment, including the location and date. Biometrics are checks that verify an applicant's identity, including fingerprints, photographs, signatures, and background security checks. You must appear in person at the USCIS offices for the biometrics.
The Interview
The final step in seeking removal of the conditions of your permanent residence is attending an interview. This requirement will be waived if you and your spouse submit sufficient evidence to support your petition. For applicants whose information is unclear, the interview is an opportunity to clarify it.
Approval
If the USCIS approves your petition, you will be notified of the approval and receive a non-conditional green card that lasts for up to ten years and must be renewed before the expiration date.
Frequently Asked Questions on Form I-751
Filing a petition to have the conditions of your residence removed allows you to be a lawful permanent resident of the United States. The following are some frequently asked questions about the nature and filing of Form I-751:
Can I file Form I-751 online?
No. The services to file your petition for removal of residence conditions are unavailable online. However, you can use online services to ensure you fill out the form correctly. If you seek quick approval on your petition, you must focus on submitting a correctly prepared package. Additionally, you should ensure that all the documents needed for your petition are attached to the form before submitting it.
USCIS is not your advocate as you handle your immigration issues. Therefore, they cannot correct any errors you make. Before submitting your form, you must have it reviewed by your immigration attorneys to avoid the mistakes that can cause a denial.
How long does it take to process my petition?
Most I-751 petitions are approved or denied within fourteen to twenty-four months. Although the steps taken from the moment you submit the petition to the final decision can be fairly consistent, the timeline for each petition will vary depending on the caseload. Additionally, your ability to file the petition correctly and present sufficient evidence can be significant when you wait for your petition approval.
Can I use my married name when petitioning for the removal of my residence conditions?
When filing Form I-751, you are required to indicate your full legal name. Your marriage certificate is the basis for a legal name change. Therefore, if you already use your married name for official purposes, you must indicate it on the forms, regardless of your marriage status.
You will still use the married name even if you have other documents under your previous names. Your marriage certificate is a valid document to prove your right to use the new name on your USCIS applications. If you opt to change your name to something different from your spouse's, you must go to court to approve the name change and receive a document you can use as evidence.
What can I do if my spouse fails to sign Form I-751?
Sometimes, people enter marriages for the right reasons, and unfortunately, the marriage does not work. As a conditional permanent resident, a failed marriage can complicate your immigration case. However, this does not mean that you will be denied permanent residence.
When you file a joint petition to have the conditions of your residence removed with your spouse, they must sign the form for approval. If your spouse refuses to sign the form, you could request the court waive the joint filing. If you can prove that you entered the marriage in good faith and not for US residency, you can have the conditions of your residence lifted.
Are there travel restrictions when I file Form I-751?
You file a petition to remove the conditions of your residence when your green card has expired or is about to expire. Therefore, it would be unwise to leave the country during this time. You will need evidence of your status to reenter the US after your travels abroad.
After filing Form I-751, the USCIS will mail you a notice of action through Form I-797C. This means your stay in the United States will be extended by up to 48 months while your petition is under review. You may need to go to several appointments before you receive the notice of action. Therefore, you must keep the trips outside of the country short.
Can I file N-400 with a pending I-751 petition?
Yes. You can file for US citizenship while your petition to remove your residence conditions is pending. However, you must meet all citizenship requirements before filing Form I-400. Your stay in the US as a conditional resident could count as a requirement for neutralization. Sometimes, the USCIS will combine your I-751 and N-400 interviews.
If you file for citizenship while on conditional residence status, you must have lived with or married a US citizen for up to three years. The three years count from when you were admitted into the country as a permanent resident.
What will happen when my petition to remove the conditions of residence is denied?
There is no guarantee that your petition to the court to convert your two-year permanent residence into a ten-year green card will be approved. If the USCIS denies your petition, you will be eligible for deportation, and the removal proceedings will begin. Although there is no room for an appeal of a denied petition, an immigration judge can review the jurisdiction of your denied petition.
Hiring and retaining an immigration attorney throughout the petition process can increase the success rate of your petition.
Find a Skilled Immigration Attorney Near Me
You can become a permanent resident of the United States by getting married to a US citizen. However, your residence will have restrictions and will expire within two years. Within 90 days of your conditional green card expiration, you can petition the USCIS to remove the conditions.
By filing for I-751, you can have your residence converted to a permanent, unrestricted green card, which allows you to live and work in the United States. For your petition to be approved, you must meet the eligibility criteria and present sufficient evidence to prove that you entered the marriage in good faith.
Navigating your petition for removal of your residence conditions may be complicated. Therefore, you will require the guidance of a competent immigration attorney to ensure you fill the forms correctly and avoid mistakes that could cause a delay or denial of your petition.
At California Immigration Attorney, we offer expert legal insight to help our clients navigate I-751 petitions and other immigration issues. To discuss your case details, call us at 424-789-8809 from any location in California.