I751 Late Filings
This guide is intended for individuals who are applying for Form I751, petition to remove conditions of permanent residence.
GenerallyIn general, a conditional permanent resident is required to submit Form I-751 Petition to Remove Conditions of Residence within 90 days prior to the second anniversary of the date the beneficiary acquired his/her green card.
Effects of late FilingThe law provides that failure to properly file Form I-751 means the termination of the alien's conditional residence. In practice however, USCIS does not immediately refer aliens to immigration court for removal proceedings and can accept late filings.
USCIS policy on late filingsUSCIS may accept a late filed Form I-751 and agree to reschedule a missed interview for "good cause and extenuating circumstances." The agency recognizes that "[t]he law provides for broad discretion as to what constitutes good cause and extenuating circumstances."
Examples of "Good Cause"Examples include but are not limited to: hospitalization, long term illness, death of a family member, the recent birth of a child (particularly if there were complications), and a family member on active duty with the U.S. military.