1. What is Form I-751 – Petition to Remove Conditions on Residence?
Form I-751, Petition to Remove Conditions on Residence, is a form used by conditional permanent residents who obtained their status through marriage to petition to remove the conditions on their residence. This form is typically filed by individuals who have been granted a two-year conditional green card and are seeking to have the conditions removed to obtain a 10-year permanent residency status.
1. The purpose of Form I-751 is to demonstrate that the marriage was entered into in good faith and not for the purpose of circumventing immigration laws.
2. By filing Form I-751, the conditional resident can request that the conditions be removed jointly with their U.S. citizen or permanent resident spouse, or seek a waiver of the joint filing requirement in certain circumstances.
3. It is essential to provide supporting documentation to show that the marriage is genuine and ongoing when submitting Form I-751, such as joint financial records, lease agreements, utility bills, and affidavits from friends and family.
4. Once the form is approved by U.S. Citizenship and Immigration Services (USCIS), the conditional resident will receive a 10-year permanent green card, granting them lawful permanent resident status in the United States.
2. Who is required to file Form I-751?
Form I-751, Petition to Remove Conditions on Residence, must be filed by a conditional permanent resident to remove the conditions on their lawful permanent resident status. This form is typically filed by individuals who obtained their conditional green card through marriage to a U.S. citizen or permanent resident. The purpose of filing Form I-751 is to demonstrate that the marriage was entered into in good faith and not for the purpose of evading U.S. immigration laws.
1. Conditional permanent residents who are still married to the same U.S. citizen or permanent resident spouse must file Form I-751 jointly with their spouse.
2. If the marriage has ended due to divorce or the death of the spouse, the conditional permanent resident may still be eligible to file Form I-751 with a waiver of the joint filing requirement.
3. Conditional permanent residents who have been subjected to extreme cruelty or battering by their U.S. citizen or permanent resident spouse may also qualify to file Form I-751 with a waiver.
It is important to ensure that all necessary documentation and evidence are provided to support the petition and demonstrate eligibility for the removal of conditions on residence.
3. When should Form I-751 be filed?
Form I-751 should be filed within the 90-day window before the conditional resident’s green card expires. If the petition is not filed within this timeframe, the individual risks losing their lawful permanent resident status and could face removal proceedings. It is crucial to submit the Form I-751 on time to avoid complications and maintain uninterrupted residency status in the United States. Additionally, filing the petition early can help ensure that there is enough time for USCIS to process the application before the green card expires, providing peace of mind for the applicant.
4. What documents are required to be submitted with Form I-751?
When submitting Form I-751, Petition to Remove Conditions on Residence, it is important to include the following documents:
1. Copies of the front and back of your Permanent Resident Card (Green Card) to show that you are a conditional resident.
2. Evidence of the ongoing marital relationship between the petitioner and the immigrant spouse. This can include joint bank account statements, lease agreements, utility bills, and any other documentation that shows you continue to live together and commingle your finances.
3. Affidavits from friends or family members who can attest to the legitimacy of your marriage and provide insight into your relationship.
4. Any additional supporting documents to show that your marriage is bona fide, such as photos together, travel itineraries, birth certificates of children born during the marriage, or any other relevant evidence that validates the authenticity of your relationship.
Submitting a comprehensive package with clear and convincing evidence can increase your chances of having your Form I-751 approved without the need for an interview. It is important to carefully review the specific requirements outlined by USCIS and ensure that all necessary documents are included to support your petition.
5. How long is the processing time for Form I-751?
The processing time for Form I-751, Petition to Remove Conditions on Residence, can vary depending on the caseload at the United States Citizenship and Immigration Services (USCIS). On average, it currently takes around 12 to 18 months for USCIS to process Form I-751. However, processing times can fluctuate due to factors such as the volume of applications received, the complexity of the case, and any additional requests for evidence from USCIS. It is important for applicants to regularly check the USCIS website for updates on processing times and to ensure that they file their petition in a timely manner to avoid any issues with their conditional permanent residency status.
6. Can Form I-751 be filed jointly with a spouse?
Yes, Form I-751, Petition to Remove Conditions on Residence, can be filed jointly with a spouse. When a couple has been granted conditional permanent resident status based on their marriage to a U.S. citizen or permanent resident spouse, they must file Form I-751 together to remove the conditions on their residency. This joint filing demonstrates to U.S. Citizenship and Immigration Services (USCIS) that the marriage is bona fide and the couple continues to live together as a married couple. The form should be filed within the 90-day period before the conditional resident status expires, typically within the 90 days leading up to the second anniversary of when the conditional green card was issued. Additionally, submitting supporting evidence of the authenticity of the marriage and the ongoing relationship is essential to a successful petition.
7. What happens if Form I-751 is not filed on time?
1. If Form I-751, Petition to Remove Conditions on Residence, is not filed on time by conditional permanent residents, it can have serious consequences on their immigration status. The failure to file the form before the expiration of the two-year conditional residency period may result in the termination of their lawful permanent resident status.
2. When the form is not timely filed, the conditional permanent resident may lose their legal status in the United States, which can lead to deportation proceedings and removal from the country. This can have significant implications on their ability to live, work, and travel in the U.S., as well as on their overall immigration record.
3. In situations where there are valid reasons for not filing the form on time, such as extreme circumstances or hardship, it may be possible to request a waiver of the late filing requirement. However, this process can be complex and requires sufficient documentation and evidence to support the request.
4. It is crucial for conditional permanent residents to be aware of the deadline for filing Form I-751 and to take the necessary steps to submit the petition in a timely manner. Seeking assistance from an immigration attorney or accredited representative can help ensure compliance with the requirements and avoid any negative consequences of a late filing.
8. What is the fee for filing Form I-751?
The current fee for filing Form I-751, Petition to Remove Conditions on Residence, is $595. This fee is required to be paid by the petitioner when submitting the form to the United States Citizenship and Immigration Services (USCIS). In addition to the filing fee, there may be additional costs associated with the petition process, such as biometric services fees. It is important to check the USCIS website or consult with an immigration attorney to ensure that the correct fees are submitted with the Form I-751 petition to avoid any delays or issues with the processing of the application.
9. Can a conditional resident travel while Form I-751 is pending?
Yes, a conditional resident can travel while their Form I-751 is pending. It is important to note the following considerations:
1. Valid Green Card: The conditional resident must ensure they have a valid green card when traveling outside of the United States.
2. Travel Documents: It is advisable to carry the Form I-751 receipt notice (I-797), which serves as proof that the petition is pending.
3. Re-entry Permit: If the conditional resident plans to be outside of the U.S. for an extended period, they may want to apply for a re-entry permit to ensure smooth re-entry into the country.
4. Biometrics Appointment: If scheduled, it is crucial not to miss the biometrics appointment while traveling, as this can delay the processing of the Form I-751.
5. Communication: It is recommended to keep USCIS informed of any changes in contact information while traveling to ensure timely receipt of any correspondence related to the petition.
6. Legal Support: Consulting with an immigration attorney before traveling can provide additional guidance and address any specific concerns related to the individual’s case.
10. Can Form I-751 be filed if the marriage has ended in divorce?
1. Yes, Form I-751 can be filed even if the marriage has ended in divorce. This form is used by conditional permanent residents who obtained their status through marriage to request the removal of the conditions on their residence. If the marriage has ended in divorce, the conditional permanent resident can still file Form I-751 by requesting a waiver of the joint filing requirement based on the termination of the marriage.
2. When applying for a waiver of the joint filing requirement due to divorce, the applicant will need to demonstrate to the U.S. Citizenship and Immigration Services (USCIS) that the marriage was entered into in good faith and not for the purpose of evading immigration laws. This can be done by providing evidence of the bona fide nature of the relationship, such as joint bank accounts, shared assets, children together, and any other relevant documentation showing that the marriage was genuine.
3. It’s important to carefully follow the instructions and guidelines provided by USCIS when filing Form I-751 after a divorce to ensure a successful outcome. Seeking the assistance of an immigration attorney who specializes in family-based immigration can be beneficial in navigating the process and addressing any potential issues that may arise.
11. What is the interview process for Form I-751?
The interview process for Form I-751, Petition to Remove Conditions on Residence, typically involves the following steps:
1. Scheduling: After submitting the I-751 petition, the applicant may receive a notice for an interview at a USCIS field office.
2. Interview Preparation: The applicant should gather all required documents, such as marriage certificates, joint financial statements, photos, and any other evidence of a bona fide marriage.
3. Interview Day: Both spouses are usually required to attend the interview together. The USCIS officer will ask questions to determine the validity of the marriage and review the submitted documents.
4. Questioning: The officer may ask about the couple’s relationship history, living arrangements, daily activities, and plans for the future. They may also inquire about any discrepancies in the evidence provided.
5. Decision: Following the interview, the officer will make a decision on the petition. If approved, the conditions on the applicant’s residence will be removed, and they will receive a new green card.
Overall, the interview process for Form I-751 is a crucial step in demonstrating the authenticity of the marriage and ensuring compliance with immigration regulations. It is important for applicants to be well-prepared and truthful during the interview to improve their chances of a successful outcome.
12. What is the difference between a jointly filed Form I-751 and a waiver petition?
1. A jointly filed Form I-751 is submitted by both spouses who are still married and living together, whereas a waiver petition is filed when there is a divorce or separation from the U.S. citizen or legal permanent resident spouse.
2. When filing a jointly submitted Form I-751, both spouses sign the petition to confirm their intention to continue the marital relationship, provide evidence of their ongoing marriage, and attend an interview if requested by USCIS.
3. A waiver petition, on the other hand, may be filed based on grounds such as divorce, abuse or extreme cruelty by the U.S. citizen or permanent resident spouse, or the termination of the marriage due to circumstances beyond the immigrant spouse’s control.
4. Waiver petitions require additional evidence to demonstrate the validity of the marriage before the separation, as well as proof of the extenuating circumstances that warrant a waiver of the joint filing requirement.
In summary, the main difference between a jointly filed Form I-751 and a waiver petition is the eligibility criteria and evidentiary requirements based on the marital status and circumstances of the parties involved.
13. What evidence should be provided to demonstrate the bona fides of the marriage in Form I-751?
In Form I-751, it is crucial to provide sufficient evidence to demonstrate the bona fides of the marriage. Some key pieces of evidence that can help strengthen the case include:
1. Joint financial documents, such as bank account statements, credit card statements, or mortgage papers, showing shared financial responsibilities and assets.
2. Documentation of joint ownership or leases of property or assets.
3. Utility bills or other shared household expenses in both spouses’ names.
4. Evidence of joint tax filings or other financial commitments that demonstrate a mingling of finances.
5. Affidavits from friends, family members, or other individuals who can attest to the validity of the marriage.
6. Photographs of the couple together at various events or occasions, showcasing their relationship over time.
7. Travel itineraries or boarding passes showing joint travel.
8. Birth certificates of any children born to the marriage.
9. Correspondence or communication records between the spouses, such as emails, letters, or text messages.
10. Any other relevant documents that can help prove the authenticity of the marital relationship.
Providing a diverse range of evidence that covers different aspects of the marriage can significantly strengthen the I-751 petition and demonstrate the genuine nature of the marital relationship.
14. Can a conditional resident work while Form I-751 is pending?
1. Yes, a conditional resident can work while their Form I-751, Petition to Remove Conditions on Residence, is pending. The receipt notice received after filing the Form I-751 serves as proof of continued lawful residence for up to 18 months from the expiration date on the conditional resident card (green card).
2. It is advisable for the conditional resident to keep a copy of the Form I-751 receipt notice and their expired green card while awaiting the decision. This documentation can be provided to employers as proof of continued work authorization.
3. Additionally, if the conditional resident meets the eligibility requirements, they may also apply for a temporary I-551 stamp at their local USCIS office, which serves as temporary evidence of lawful permanent resident status and work authorization while the Form I-751 is pending.
4. It’s crucial to ensure that the Form I-751 is filed on time and that the conditional resident complies with all the necessary requirements to maintain their work authorization throughout the process. If there are any concerns or questions regarding employment eligibility during this period, seeking advice from an immigration attorney can be beneficial.
15. What are the consequences of denial of Form I-751?
If a Form I-751 petition to remove conditions on residence is denied by U.S. Citizenship and Immigration Services (USCIS), it can have serious consequences for the conditional resident. Here are some potential outcomes following a denial:
1. Loss of Lawful Permanent Resident Status: The most immediate consequence of a denial is the termination of the conditional resident’s legal status in the United States. This means that the individual may no longer have the right to live or work in the country.
2. Risk of Removal Proceedings: Once the conditional resident’s status is terminated, they may become subject to removal proceedings initiated by U.S. Immigration and Customs Enforcement (ICE). This could lead to deportation from the United States.
3. Ineligibility for Benefits: A denied Form I-751 can also result in the conditional resident no longer being eligible for certain benefits and privileges that accompany lawful permanent resident status, such as the ability to travel freely outside the United States and re-enter.
4. Impact on Future Immigration Applications: A denial of the Form I-751 could have long-term consequences on the individual’s ability to obtain other immigration benefits in the future, as it may raise questions about the individual’s credibility and eligibility for immigration status.
Overall, the denial of a Form I-751 petition can have serious and far-reaching implications for the conditional resident, potentially leading to loss of status, removal from the United States, and challenges in pursuing future immigration opportunities. It is crucial for individuals facing a denial to seek legal counsel promptly to explore their options and potential avenues for appeal or other remedies.
16. Can a conditional resident appeal if Form I-751 is denied?
Yes, a conditional resident can appeal if Form I-751 is denied. Here are some important points to consider:
1. Reasons for Denial: First, it is crucial to understand the reasons for the denial of the Form I-751 petition. This information will help determine the grounds for the appeal.
2. Timeline: Conditional residents have a limited time frame within which they can file an appeal after receiving a denial notice. It is important to adhere to the specific deadlines set by the USCIS to ensure the appeal is considered.
3. Appeal Process: The appeal process typically involves submitting Form I-290B, Notice of Appeal or Motion, along with supporting evidence to the USCIS. It is essential to follow the instructions provided by the USCIS for filing an appeal accurately.
4. Documentation: Providing strong and compelling evidence to support the appeal is crucial. This may include additional documentation to address the reasons for the denial or to strengthen the case for removing the conditions on residence.
5. Legal Assistance: Seeking guidance from an immigration attorney experienced in Form I-751 appeals can be beneficial. An attorney can provide valuable insights, guidance, and representation throughout the appeal process.
In conclusion, while facing a denial of Form I-751 can be concerning, conditional residents do have the option to appeal the decision. By understanding the reasons for the denial, adhering to timelines, following the appeal process diligently, providing compelling evidence, and seeking legal counsel, conditional residents can pursue the appeal process effectively.
17. Can Form I-751 be filed if the conditional resident is in removal proceedings?
Yes, a Form I-751 can be filed even if the conditional resident is in removal proceedings. It is important to note that filing the Form I-751 does not automatically halt the removal proceedings. In such a situation, it is crucial to seek legal advice from an immigration attorney who can assist in navigating the complex processes involved. Some important points to consider in this scenario are:
1. It is advisable to inform the immigration court about the pending Form I-751 application.
2. Providing evidence of the bona fide nature of the marriage and reasons for the delay in filing the petition may be necessary.
3. The conditional resident may need to attend removal hearings while the Form I-751 is being processed.
4. The outcome of the removal proceedings can impact the Form I-751 petition and the individual’s immigration status.
Navigating both the removal proceedings and the Form I-751 process simultaneously can be challenging, so seeking professional legal assistance is highly recommended.
18. Can a conditional resident include children in Form I-751?
Yes, a conditional resident can include their children on Form I-751, Petition to Remove Conditions on Residence. When filing Form I-751 to remove the conditions on their permanent residency, the primary applicant (conditional resident) can include all eligible dependent children who were granted conditional resident status at the same time or within 90 days of the primary applicant. Including the children on the form ensures that their conditions are also removed if the petition is approved. It is important to provide accurate information and documentation for each child included in the petition to avoid any delays or complications in the processing of the application.
19. What is the validity period of the permanent resident card after Form I-751 is approved?
1. After Form I-751 is approved, the permanent resident card, also known as the green card, is typically issued with a validity period of 10 years. This means that the individual will have a green card that is valid for 10 years from the date of issuance.
2. It is important to note that the permanent resident card is the official proof of a person’s immigration status in the United States, and it is crucial to carry a valid green card at all times.
3. Once the 10-year green card is about to expire, the individual will need to go through the renewal process by filing Form I-90, Application to Replace Permanent Resident Card, in order to obtain a new green card with another 10-year validity period.
20. Can Form I-751 be filed if the conditional resident is incarcerated?
Yes, Form I-751 can still be filed if the conditional resident is incarcerated. In such cases, it is important to provide additional information and documentation to support the petition. Here are some key points to consider:
1. The petitioner can still file Form I-751 on behalf of the incarcerated conditional resident.
2. It is crucial to explain the circumstances of the incarceration and how it may have impacted the ability to meet the joint filing requirement.
3. Supporting documentation such as court records, prison records, or any other relevant documents should be submitted to explain the situation.
4. Depending on the specific circumstances, USCIS may request additional evidence or schedule an interview to further assess the case.
5. It is advisable to consult with an immigration attorney to navigate the complexities of filing Form I-751 when the conditional resident is incarcerated.