Removing Conditions of Residence: Form I-751
Immigration Lawyer in Houston, TX
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/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.
Removing Conditions on Permanent Residence
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?
Contact The Law Office Of Mana Yegani Now
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.
Don't wait. Call our firm at (832) 981-2170 to get trusted counsel!