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Form I-751 removal of conditions questions

Houston, TX |

I filed the petition to remove conditions on my wife's green card. She came over on a fiancé visa with her son and was granted the green card after our marriage within the 90 day window. On the instructions of I-751 it states to include the dependent son on part 4 if he came over at the same time and was granted the same conditional residence. We received an I-797 notice of action extending my wife's papers for a year and then today we received her biometrics apt for dec 3. There is nothing about her dependent son listed on either paper. Did I do something wrong on the filing or is this normal? Please advise

Attorney Answers 3


  1. Best answer

    Right off of the USCIS website: "If you are petitioning for a step-child and have not been married to the child’s biological parent for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

    If your spouse and child became CPRs at the same time or within 6 months, the child can be included in your spouse’s petition. If the child became a permanent resident more than 6 months after your spouse, or the child was granted CPR status independently of your spouse, the child will need to file a separate Form I-751."

    Abraham B. Cardenas, Esquire Cardenas Law Firm, P.C. Florida Office Address: Cardenas Law Firm, LLC 8150 SW 8th Street, Suite 122 Miami, Florida 33144 (786) 347-1605 Pennsylvania Office Address: Cardenas Law Firm, P.C. 18 S George Street, Suite 615 York, PA 17401 (717) 854-6400 Office Phone (866) 353-5570 Fax Number www.CardenasLawFirm.com (English) www.ConsultoriaJuridica.com (Spanish) The posting on this web site for viewing by potential clients or others interested in learning about legal topics does not create an attorney-client relationship. The fact that an attorney may informally answer general E-Mail questions does not create an attorney-client relationship. Attorney Abraham B. Cardenas is licensed to practice only in the Commonwealth of Pennsylvania and practices immigration law throughout the United States. This web post is for informational purposes only. An attorney-client relationship is formed only after the potential client meets with an attorney AND has paid the appropriate retainer fee.


  2. Does not seem like you did. He should appear as well.

    This communication should not be construed to create an attorney client relationship. All information provided is for general informational purposes only. You should not rely on any general information provided to make important legal decisions affecting your life and you should instead consult with an attorney. During any private consultation, a competent attorney will review your particular situation, research the specific legal provisions that apply, and create an individualized case plan for you and your family.


  3. Per USCIS:

    "If you are petitioning for a step-child and have not been married to the child’s biological parent for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

    If your spouse and child became CPRs at the same time or within 6 months, the child can be included in your spouse’s petition. If the child became a permanent resident more than 6 months after your spouse, or the child was granted CPR status independently of your spouse, the child will need to file a separate Form I-751."

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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