Petition To Remove Conditions on Residence (I-751)
Guidance With Application To Remove Conditions
The Petition to Remove the Conditions of Residence (Form I-751) is critically important to all lawful permanent residents (LPRs) admitted to the U.S. as conditional permanent residents. You are a conditional resident if you have been married for fewer than two years to your spouse who is either a U.S. citizen or an LPR, and this is noted on your green card.
Your conditional green card expires two years from the date it was issued, and it cannot be renewed. If you do not apply for removing the conditions of residence within 90 days of your green card's expiration date, you could lose your conditional resident status and be deported or removed from the U.S.
90 days can pass by very quickly. Working with an experienced Houston immigration lawyer will ensure that you do not miss deadlines, that all of your supporting documentation is in order and that your application for LPR status is complete.
Eligibility to Remove Conditions on Green Card
In most circumstances, U.S. Citizenship and Immigration Services (USCIS) requires you and your spouse to file Form I-751 together with some exceptions.
USCIS eligibility criteria for removing conditions of permanent residence:
- You are still married to the same U.S. citizen or LPR after two years.
- You are a child who cannot be included on your parents' application for a valid reason such as receiving conditional resident status more than 90 days after your parent did.
- You are a widow or widower who entered into your marriage in good faith.
- Your marriage ended through divorce or annulment, but you entered the marriage in good faith.
- You or your child was battered or subjected to extreme hardship by your spouse, but you entered the marriage in good faith. See VAWA petitions. In such a case, you may apply for adjustment of status at any time.
Your children may be included on your application if their conditional resident status was received at the same time or within 90 days of your own.
Other issues arising from petitioning to remove conditions on permanent residence:
- Did you fail to meet the 90-day window to apply for removing conditions?
- Are you unable to complete Form I-751 with your spouse? Do you need a waiver?
- Do you have concerns about your right to work in the U.S. while your application processes?
- Are you in divorce proceedings or considering divorce?
- Do you need to appeal a denied application?
How Long Does it Take to Remove Conditions on a Green Card?
The processing timeline for removing conditions on a green card varies depending on how accurately you completed your I-751 package and the caseload of the USCIS office where you filed.
Below is a quick breakdown of the process:
- You will receive a Receipt of Petition 4 to 6 weeks after filing. If additional documents are needed or your package was rejected, you will receive an extension.
- Biometrics Appointment - 7 to 10 weeks after filing
- Interview Appointment - 8 to 12 months after filing
- Receive Green Card - 12 to 18 months after filing
Get Help With the Removal of Condition Form
The same is true with Form I-751 as is true with all other immigrant petitions/applications: Filing fees are expensive, and the requirements of USCIS are complex. It pays to consult an experienced immigration attorney in Houston to ensure no efforts are wasted and that delays in the process are minimized or avoided. Attorney Mana Yegani is ready to help you through this challenging time.
- Related Reading: More on the Conditional Permanent Resident Green Card
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