Form I-751, Petition to Remove Conditions on Residence, is used by conditional permanent residents that obtained status through marriage to request that the conditions on residence be removed and subsequently become lawful permanent residents.
It’s important that conditional residents file the form on time to remove conditions, finalize the permanent resident process, and avoid deportation.
Obtaining the approval on Form I-751 is a process that takes approximately 5-12 months for most petitioners.
When to File Form I-751
If your green card is expiring within 90 days and your conditional residence is based on your marriage or your parent’s marriage to a U.S. citizen or permanent resident, you may be eligible to file Form I-751. Form I-751 is a joint petition. That means that you and your spouse will file it with USCIS together. However, there are exceptions for conditional residents that want to request a waiver to the joint filing requirement.
If the I-751 petition is not filed by the day the two-year green card expires, the conditional generally becomes deportable. Therefore, filing the petition within the 90-day period before status expires is extremely important. For waiver petitioners, there is more flexibility. Anyone seeking a waiver to the joint filing requirement should speak to an immigration attorney first.
What Happens After Filing Form I-751
In most cases, the conditional resident will be required to attend a biometrics appointment and the couple may attend an interview. For the I-751 time line, see what happens after filing Form I-751. Once Form I-751 has been approved, the conditional permanent resident will become a lawful permanent resident and receive a 10-year green card. This should be the last time you need to provide evidence of a bona fide marriage.