1-751 Petition to Remove Conditions on Residence

If you are a conditional permanent resident, and you wish to remove the condition on your green card, especially a green card obtained through marriage, you can file Form I-751 to remove the condition on your residence. Such conditions are usually placed on green cards for people who have been permanent residents for not more than two years during approval. A successful application will remove the conditional status on your green card so that you can obtain a permanent green card.

You need to understand a lot of information about this petition and its process before filing it with the USCIS. For example, you must file it during the 90 days before the conditional residence expires. If you are filing the petition because you want to divorce, a competent divorce attorney can help you gather everything you need, including proof that you entered the marriage in good faith. This will ensure a smooth process and a favorable outcome.

Who Can File Form I-751

You can file Form I-751 if you are a conditional resident of the United States. This means you obtain your residence status through marriage. The form is for USCIS to remove the condition on your residence status so that you can apply for a permanent green card.

The form can also be used to waive immigration conditions for your dependent children who also have a conditional residence status. If your children’s petition is granted, they can apply for permanent residency on their own (if they are of age), or you can include them on your application for permanent residence.

If you have a dependent child who obtained their conditional residency status later or through a deceased parent who was a conditional resident, they must file Form I-751. If there is more than one, each should file a separate petition.

A successful petition removes the conditions on your green card. If you obtained your green card through marriage, especially if the condition was issued because your marriage was less than two years old, filing this form is necessary to remove the condition and apply for a green card independently. Typically, conditional permanent residence on marriage remains valid for two years. You must file this form before the two-year period expires to continue living legally in the United States.

Additionally, you must file the petition jointly with your partner. However, some situations allow you to file the form without your spouse, including the following:

• If your partner, a lawful permanent resident or a U.S. citizen, is deceased, there is proof that you entered the marriage in good faith. If the petition is granted, you can apply for a green card to avoid deportation.

• In case of a divorce or annulment of your marriage with a lawful permanent resident or a citizen of the United States. Again, you must prove that you entered the marriage with good intentions, but the union was later terminated through a divorce.

• Spouses who are victims of abuse may file Form I-751 without their partner under the VAWA provisions, provided they demonstrate extreme cruelty. You are expected to prove that your partner subjected you to extreme cruelty for the court to grant your petition.

• Failure to remove the conditions on your green card may result in undue hardship, including deportation. This will apply if the condition is almost expiring and you need a green card to continue living in the U.S.

When to File Form 1-751

Remember that a conditional residency, generally for immigrants who obtain their resident status through marriage, lasts for two years. You must file Form I-751 within 90 days before the conditional green card expires to transition to permanent resident status. The petition is filed with USCIS. From the USCIS’s website, you can download the form and find the correct address where you will file your petition. When to file the petition depends on whether you are filing individually or jointly with your partner.

If you are still married, you and your spouse must file a joint application to remove conditions and obtain a permanent green card. In this case, you will file the petition within 90 days before the conditional residency status expires. This allows you enough time to apply for permanent residence before the expiration of your current status.

However, if you are filing the petition alone because of the conditions mentioned earlier, you can file this petition at any time from the time you obtain the conditional residency status to the time you are removed from the United States. If you are going through a divorce or the situation in your marriage changes in any other way, you must act quickly because you will likely be deported if the condition no longer applies to your residency status.

The Consequences of Not Filing Form 1-751

Remember that Form I-751 petitions the USCIS to remove the condition on your residency status so you can apply for permanent residency. This occurs right before the expiration of the condition on your immigration status. Thus, if you do not file the petition within the required timeline, you could suffer severe immigration consequences, including removal from the United States. Specifically, here are some of the consequences of failure to apply to remove conditions on residence:

• You will lose your legal status once the condition on your immigration status expires, meaning that if you continue living in the U.S., your stay will be illegal. This can cause you severe problems with the immigration department, including forceful removal or deportation.

• You could be denied benefits in the future since a lapse in your immigration status will always affect your eligibility for immigration benefits, like naturalization or any other form of legal status.

• If you are deported for failing to change your residency status on time, you could face admissibility problems. If you leave the U.S. for any other country, and your petition is pending approval or has not been filed, you will have difficulties being allowed back into the country.

You could be exempt from these consequences if you have a good cause for failing to file the petition on time. However, you must demonstrate a good reason to compel the USCIS to reconsider deportation or inadmissibility. The good cause must be an extraordinary circumstance beyond your control. The delay in filing the petition must also be reasonable for you to be exempted from the consequences. It is advisable to file a late application with a written explanation for the delay and a request to the USCIS to excuse it.

Documents to Include in the Form 1-751 Application

The petition to remove a condition on your residence must be accompanied by supporting documents to prove that the information you provided in the application is accurate. Here are the documents the USCIS expects to receive with your petition:

Your Green Card

The USCIS requires you and your dependent children (if any) to provide copies of your green cards, both the front and back sides, with the application. However, different requirements apply to immigrants living overseas due to a government or military order, and their dependents who live overseas. If you live overseas, you must provide a passport-style picture for every petitioner and dependent, regardless of age. The picture must meet the following criteria:

• It must measure 2” by 2”

• Should be white, or taken on an off-white background

• It should be printed on thin paper and must have a glossy finish

• There should be a full frontal view of your face

• The applicant’s head should be bare, and only with a headscarf if it is a religious requirement.

• The applicant’s name and alien number should be lightly printed or written with a felt-tip pen on the back of the picture.

Additionally, an overseas applicant and their dependents aged between 14 and 79 should each provide two copies of filled FD-258 standard fingerprint cards. These should have their alien numbers written on each card. The military installation, U.S. Consulate, U.S. Embassy, or USCIS office usually prepares the fingerprint cards.

Proof that Your Marriage was in Good Faith

If you obtained a conditional residency through marriage, you must prove that the marriage was in good faith when petitioning USCIS to remove the condition. This proof can be in terms of documents showing that you entered the marriage in good faith and not to evade immigration laws. Here are examples of documents you can provide to demonstrate this:

• Birth certificates of children you bore in the marriage

• A mortgage or lease contract showing that you and your partner are joint occupants or owners of your home

• Any financial record showing joint ownership of bank accounts or other assets, or joint responsibility for debts and other liabilities. Proof that you have a joint checking or savings account with a valid transaction history can suffice.

• An affidavit from two or more people who can confirm knowing you as a couple since you obtained the conditional residency. They must have personal knowledge about your relationship and marriage.

If you provide an affidavit, the person signing it must provide their personal information, including their name, address, date of birth, relationship with you (the applicant), and a brief explanation of how they know you and acquired information about your relationship and marriage.

Proof of Divorce, Death, Extreme Hardship or Abuse (Where Applicable)

If you are filing this petition alone because your partner, who is a lawful permanent resident or citizen of the United States, is dead, you are divorced, or abusive, or you will experience extreme hardship if deported, you must provide evidence to support your claim.

In case your partner is dead, a copy of their death certificate will suffice. If you are divorced, a copy of the final decree or any other document proving the annulment or termination of your marriage will be enough. In case of an abusive partner, you can provide the following proof to support your claim:

• A copy of any protective order obtained against your partner

• Official records or reports of the abuse from the court, police, a medical practitioner, clergy, school official, social worker, or any other social service personnel or agency.

• Evidence of abuse can also help, including pictures and medical records

• Any proof that you sought a haven in a shelter or similar refuge due to the abuse

• If your marriage was annulled on the grounds of extreme cruelty or abuse, a copy of the final decree can support that claim.

If you file a petition individually because you will likely experience extreme hardship if removed from the country after your conditional residency status expires, you need evidence to support your claim. In this case, you can prepare a statement to show how your deportation will significantly affect your life, especially after staying in the country for an extended period.

Any evidence you provide when filing a petition must be related to factors only experienced during the two years you were admitted into the United States as a conditional resident.

Your Criminal History

You must provide a detailed account of any criminal activity you have been involved in. This includes details of your arrest, including arrests that did not result in charges being filed in court.

If you have ever been arrested in the U.S. or any other country and detained by the police for whatever reason, you must disclose this information in your application. In this case, you should provide an original official statement by the arresting agency, like the police, confirming that your arrest did not result in criminal charges. A court order can also show that the prosecutor did not file any charges against you for that arrest.

However, you are not expected to submit documents for traffic violations or other infractions that did not result in an arrest, as long as the violation did not involve driving under the influence of drugs or alcohol. Also, a record of an infraction is unnecessary if you only incurred a penalty of at most $500 or points on your driver’s record.

Additionally, you must provide records of all arrests that resulted in criminal charges, whether in the United States or any other country. In this case, you must provide an original document detailing the arrest or a court-approved copy. There should be a document for every incident that resulted in criminal charges against you. If the arrest resulted in a criminal conviction or the judge sentenced you to an alternative program, like community service or drug treatment, you must submit the following:

• An original copy of the conviction or sentencing record, or a court-approved copy. There should also be evidence that you completed your sentence for every incident you were involved in

• The original copy of your parole or probation record

• Proof that you completed an alternative sentencing or rehabilitation program

• An original copy of a court order that set aside, vacated, expunged, sealed, or otherwise removed the arrest or conviction from your criminal record

• If these records are unavailable to you, you should provide an original statement from a judge that no such record exists

The Need for Biometrics

Biometrics are also needed when filing a petition to remove conditions on residency through Form I-751. The USCIS uses your biometrics to verify your identity. They include the following:

• In-person interviews

• Photographs

• Fingerprints

• Signature

• A background and security check on you, including an FBI investigation to verify your criminal record

You could be required to appear in the USCIS office for an in-person interview or other biometrics before the agency issues the final decision on your petition. Once it receives your application and ascertains that it is adequately filled out, you will be given a date and time in writing when you will appear for a biometric service. The appointment will occur at the USCIS application support center nearest you.

If you are filing the petition from overseas, you will receive instructions to contact the U.S. Embassy, Consulate, or USCIS office in your location to set up an in-person interview for the biometrics. If the agency does not receive your biometrics within the required time, it can deny your application.

Find a Skilled Divorce Attorney Near Me

A divorce for an immigrant who obtained a green card through marriage can be complicated. You must file Form I-751 to petition USCIS to remove the condition on your residence status to get a green card if you wish to continue living and working in the United States. A competent divorce attorney can advise and support you through all legal processes to ensure that your divorce from a green card holder or U.S. citizen does not result in deportation or being marked inadmissible to the United States.

At San Diego Divorce Attorney, we know how complicated such legal processes can be. Additionally, a mistake when filing the paperwork or submitting documents can result in a denied petition, which could have severe immigration consequences. We can help you navigate the legal process and understand your options and rights for a smooth and fruitful process. Call us at 858-529-5150 to discuss your situation and our services in detail.