I-751, Petition to Remove Conditions on Residence

What is a Conditional Green Card?

The letter “CR1” on the physical green card stands for “conditional resident.” A conditional green card is a common word for a non-renewable permanent residence status that allows you, a foreign national, to live and work in the U.S. for only two years from its date of issuance. You must remove the conditions on your green card to attain a full ten-year renewable permanent residency in the U.S.

How to Remove Conditions on Residence

If you are an alien spouse who is a conditional permanent resident and obtained status through marriage, you may File Form I-751 to apply to remove the conditions on your residence.

Upon adjusting status as a permanent resident, a foreign national married less than two years with a U.S. Citizen receives a “conditional” green card valid for just two years. You cannot renew your conditional green card. Instead, you must file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before your conditional permanent residence status expires to receive a “permanent” green card, renewable every ten years. USCIS will return your application if you file too early or deny it if you file late without any extenuating circumstances.

Otherwise, you will lose your permanent resident status and must leave the U.S. if you fail to file Form I-751 promptly.

Who may file Form I-751?

File jointly with your spouse if:

If you are still married, file Form I-751 jointly with the spouse you were married to when you obtained conditional status.

If you have dependent children who acquired conditional resident status on the same day as you or within 90 days after that, then include your children to remove the conditions on their status as well. Your dependent children who did not acquire conditional resident status on the same day as you or within 90 days after that, or if the conditional resident parent is deceased, must each file Form I-751 separately to have the conditions on their status removed.

File without your spouse if:

1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but divorce or annulment later terminated the marriage;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent or
5. Terminating your status and removal from the United States would result in extreme hardship.

When Should I File Form I-751?

1. Filing jointly – you must file it within 90 days immediately before your conditional residence expires if you are filing this petition jointly with your spouse.
2. Filing with a request that the joint filing requirement be waived or individually filed – you may file it without your spouse at any time after you become a conditional resident but before you are removed from the U.S. if:

• your U.S. Citizen spouse is deceased,
• you are divorced or
• you or your conditional resident child were battered or subjected to extreme cruelty.

Removal of Conditions Package

Fil Am Law Firm will prepare your Form I-751 (Petition to Remove Conditions on Residence) to obtain a 10-year green card. Our package includes the following:

G-1145, E-Notification of Application/Petition Acceptance

G-1450, Authorization for Credit Card Transactions

Form I-751, Petition to Remove Conditions on Residence

Additional supporting documents as may be necessary

Personalized instructions with a supporting document checklist

Live support during officer hours from our immigration experts

Typical supporting documents:

• Additional evidence accumulated during your conditional green card that your marriage is real
• a copy of the front and back of your conditional green card,
• USCIS filing fee and biometrics fee

Note: The USCIS may waive the interview if the evidence you submitted with your Form I-751 is strong enough to show that your marriage is legitimate (bona fide).

Source: USCIS

You may refer to your personalized filing instructions from Fil Am Law Firm based on your specific situation. Our simple instructions provide details on supporting documents with samples if you need them. Upon hiring and providing Fil Am Law Firm with your information and supporting documents, our legal team will organize the package and mail it to the USCIS with your prepaid government filing fee.