I-751 Petition to Remove Conditions on Residence Facts

  • The I-751 petition is required for any conditional permanent resident to get their 10-year permanent green card.
  • The petition should be filed before the expiration date of the 2-year conditional green card.
  • It is possible to file an I-751 jointly with your spouse OR on your own without your spouse’s help in certain situations.

Eligibility Checklist

  • Must have been issued a 2-Year Conditional Green Card

  • Must be able to prove you entered your marriage in good faith and not only for immigration benefits

  • Must file jointly with your spouse OR be eligible for a waiver of the joint filing requirement

Frequently Asked Questions on I‑751 Petition to Remove Conditions on Residence

If your green card is issued before you have been married for two full years, USCIS will send you a 2-year conditional green card. The I-751 process gives USCIS one more opportunity to confirm that you and your spouse married in good faith (for love, and not only for immigration benefits).

You can file your I-751 on your own if your spouse has died, your marriage ended in divorce or annulment, you were subjected to physical abuse or extreme cruelty during the marriage, or you would face extreme hardship if you lost your status. Our office specializes in helping clients file the I-751 without their spouse’s help, especially when they are separated or because they have experienced serious marital problems.

Although it is best to file your I-751 before your conditional green card expires, it is possible and we have successfully helped clients get their I-751 approved after filing late!

After you file your I-751, you will receive an “I-797 Notice of Action.” This receipt notice indicates that USCIS has accepted your petition and provides an 18-month extension of your conditional resident status.

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