Written by attorney William D. Fong

I-751 Removal of Conditions

Your permanent residence status is conditional if based on a marriage that was less than two years old on the day you were granted permanent residence. You and your spouse should apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary of conditional residence. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be subject to removal.

Eligibility to Remove Condition on Permanent Residence.You may apply to remove your conditions on permanent residence if:

  • You are still married to the sameU.S.citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days).
  • You are a child and cannot be included in your parents’ application for a valid reason.
  • You are a widow or widower of a marriage that was entered into in good faith.
  • You entered into a marriage in good faith, but the marriage ended through divorce or annulment.
  • You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by yourU.S.citizen or lawful permanent resident spouse.
  • The termination of your conditional resident status would cause extreme hardship to you.

You do not need to be physically present in the United States at the time of filing. The Form I-751, Petition to Remove the Conditions on Residence can be filed regardless of whether you are physically present in theUnited States at the time that you file. However you must return to theUnited States with your spouse and your children for the USCIS interview.

Personal Interview of the Joint Petitioners. You and your spouse must appear for a personal interview at the local district office. The USCIS reviews the petition to determine whether an interview is required. If satisfied that your marriage was not entered into in order to obtain immigration benefits, the USCIS may waive the interview requirement and approve the petition. If not, the district office will contact you to conduct an interview.

Work Authorization. As aU.S. permanent resident, you should have received a permanent resident card. This card will continue to prove that you have a right to live and work in theUnited States permanently. If you file your USCIS Form I-751 (Petition to Remove the Conditions on Residence) on time, the USCIS will extend your conditional resident status for up to 12 months while your Form I-751 petition is under review.

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