“Specifically, I-751 Forms & Waivers refers to a “Petition for Removal of Conditions on Residence.” This is an application for converting a 2-year conditional green card to a 10-year one.”
I-751 Forms & Waivers
Green cards given under the conditions of CR-1, or conditional permanent residency, are called conditional green cards. Marriages of less than two years to U.S. citizens or lawful permanent residents are eligible. Adding conditions to your green card will extend its validity.
A Form I-751 provides evidence that your marriage was genuine and was not just for immigration purposes when you applied for a green card.
In the case of a conditional resident who has ended their marriage, you can still apply to have the conditions removed.
When should you file Form I-751?
If you are filing with your spouse, you should file Form I-175 as soon as your conditional green card has expired.
Your marriage and filing jointly:
You should file a joint petition with your spouse within 90 days before your conditional green card expires. For your green card to remain valid, you cannot apply more than 90 days before the end date.
If you are filing by yourself:
The divorce, annulment, death of your spouse, or abuse by your spouse can qualify you to file by yourself under certain circumstances. You can apply for conditional residence at any time once you have been fully granted conditional residence by U.S. Citizenship and Immigration Service (USCIS).
Applicants for waivers of joint filing requirements will need to fill out a section. You will have to prove extreme hardship if you face deportation or terminated status.
If your conditional green card is expiring:
Occasionally, USCIS will grant you a conditional green card despite your conditional green card expiring. You are responsible for writing a letter explaining why you did not file sooner. USCIS may not accept a late filing. A USCIS approval may remain if “extraordinary circumstances” have caused the delay.
How to file I-751 Forms & Waivers?
There are three simple steps to removing conditions on your green card. Get Form I-751, complete it, organize your supporting documents and fees, and mail it to the U.S. Citizenship and Immigration Service (USCIS).
Complete Form I-751
It is necessary to download and print Form I-751 before submitting it. The form can either be typed up or printed out, or it can be printed first and then filled out by hand.
1: Information about You
The form will ask you for personal information such as your name and marital status. The USCIS online number and Alien Registration Number are also required.
Your Alien Registration Number appears on your green card under the heading “USCIS#.” Previous correspondence with USCIS may also include this information.
When you log in to your profile page, you will see your account number if you have used USCIS online services. Then you do not need to record one.
2: Biographic Information
The questions ask for information such as your eyes color, height, weight, and ethnicity.
3: Basis for Petition
When filing jointly with your spouse, check the “Joint Filing” box. Whenever you file by yourself, you must fill out the appropriate box under “Waiver or Individual Filing Request.” This box should correspond to your reason for filing alone.
4: Information about Your Spouse and Children
As part of part 4, you need to provide basic information about your spouse. The same will apply in part 5 for your children. If not, skip to the next section.
6: Accommodations for Individuals with Disabilities
If you need accommodations from U.S. authorities due to disabilities or impairments, you can describe them here.
7: Spouse Acknowledgements and Signatures
Verify that all the information is accurate with your spouse. In Part 7, you should fill out the form as the “petitioner” and sign it. The spouse of a U.S. citizen or permanent resident must complete and sign Part 8.
8: Preparer Information
You would need information about your help in filling out this form.
- Organize supporting documents and the filing fee
- Supporting documents will be generally included with your USCIS application.
- Copy of your conditional green card or permanent resident card
- Please include copies of your children’s green cards on their I-751 petitions if applicable.
- Proof of a good faith marriage to take advantage of immigration laws. It is possible to substantiate you’re living together with documents, such as mortgages or leases, utility bills, evidence of your joint assets or liabilities, joint bank accounts, joint taxes, birth certificates for your children, voided checks, or even family photos and affidavits from friends.
- Please provide evidence to support your decision not to file jointly. The evidence can be a death certificate, a final divorce decree, or documentation that shows you or your children were subjected to extreme cruelty by your spouse.
- Please provide the details if you have served time since you gained conditional residency.
- If you will be serving in the military or government while abroad, you must include two passport-style photos, a completed Form FD-258 fingerprint card, and a copy of your current military or government orders. Your I-1751 form should also have “Active Military” or “Government Orders” written.
After compiling the necessary documentation, you must pay $595 in filing fees. As well as the biometrics fee, there will be a processing fee of $85 per person. Fee waivers are available depending on household income and financial hardship.
If you want to pay this fee, you can do so with a money order, a personal check, or a cashier’s check. In USCIS Lockbox facilities, Form G-1450 allows credit card payments.
Mail your Form I-751 application to USCIS
USCIS will receive your completed form once you mail it. You should consult the USCIS website to determine the location to send it to.
What happens after you file Form I-751?
The U.S. Citizenship and Immigration Service (USCIS) will notify you once it receives your Form I-751. A receipt like this is commonly called Form I-757. Your conditional green card and Form I-797 can be used to extend the validity of your green card for up to 18 months.
There is always a change in processing times for the form. There are different wait times listed on the USCIS website depending on the service center and type of form.
Depending on your extension date listed on Form I-757, you may have to wait more than three years. Besides, your green card will remain valid until USCIS determines the fate of your I-751 petition.
Using your application number, email address, and name, you can check the status of your application at any time.
Check USCIS processing times if you feel USCIS is taking too long. Scroll to the bottom after you’ve entered your information. If your receipt date was beyond the “Receipt date for a case inquiry” listed, you might submit a service request.
USCIS will send an appointment time, date, and location for your biometric services appointment. There will also usually be an interview with a USCIS official for conditional green card holders.
The USCIS will mail you a notice and a new 10-year green card after approval of your application.
What if my I-751 application fails?
The following three reasons can lead to your application failing:
- A 2-year conditional period has expired, and the applicant’s marriage appears to be fraudulent, or it has been “judicially annulled,” or he has paid a fee to file another immigration application.
- Neither the applicant neither attended their interview nor filed their joint petition on time.
- It contains false information in its application.
In this case, USCIS will send you a Notice to Appear (NTA), and you will need to appear at an immigration court for removal proceedings. You must submit a new I-751 if you want to argue your case.
The removal proceedings can be easily continued while USCIS considers your new petition once you file your new petition. A new I-751 can be filed to end the removal proceedings if approved.
The judge will decide whether the decision to deny the second Form I-751 was sound. As long as the proceedings continue, your conditional residence remains in effect.
Should we include a cover letter when filing Form I-751? If so, who should write it?
An application’s cover letter is not required but can be helpful if a USCIS officer thinks your case might seem odd. By sending the letter, you can reduce any concerns the case officer might have when reviewing your application.
As a result, there will be fewer requests for evidence in the future. An explanation of why you and your spouse live separately may be included in a letter.
The letter can also summarize your application, summarizing each item on the list and giving a brief explanation. Include your name and alien registration number in your letter, and keep it brief and to the point.
It doesn’t matter who writes the letter. The best person for the job may be the one you and your partner decide on together. Someone with experience writing official letters should handle the task.
You (and a third party) should review the letter several times before you submit it, no matter who writes it. Doing this can reduce the chance of errors sneaking into your petition.
The help of a qualified immigration Attorney
The help of a qualified Immigration Attorneys
An attorney is not required to help you file USCIS Form I-751 if you have a conditional Green Card. Having said this, retaining a skilled immigration lawyer offers several benefits. Hiring a qualified immigration lawyer has nine benefits.
Untimely Filing
I-751 petitions filed after a conditional Green Card expires need “good cause” to justify the untimely filing. Denial of the petition may result from not providing adequate information about the late filing. Foreign nationals whose petitions fail are not refunded their filing fees.
Joint Filing and Divorce
Immigration attorneys can help you protect your rights if your marriage is rocky. Even if you file the petition yourself (a process commonly known as “self-filing”), using the services of an experienced immigration attorney can improve your chances of obtaining a permanent resident card.
Prior Notice of Intent To Deny or Request for Evidence Before an Allegation of Fraud in Marriage.
If your marriage-based Green Card petition failed when you filed your initial petition, you might have to undergo another scrutiny when you file your I-751 petition.
Continued Work Authorization
In all field offices, the average processing time for USCIS Form I-751, Petition to Remove Conditions of Residence, is 21.5 to 41.5 months as of 9/27/2019.
The USCIS does not extend conditions on a conditional Green Card holder’s status for more than 18 months when it issues the Receipt Notice. During the 18 months, an immigration lawyer can help clients get evidence that they can continue working.
Continued Travel Authorization
Immigration attorneys can assist clients with obtaining documents that will allow them to travel abroad without worry that they won’t be able to return home.
Human Resources or Employer Discrimination
We provide legal help to employers and H.R. managers unaware that conditional Green Card holders may continue working after their cards expire.
Smoother Permanent Green Card Process
An experienced attorney can help clients expedite an I-751 Petition to Remove Conditions of Residence when the adjudication period exceeds the average processing period posted by USCIS. There are several ways that a skilled immigration attorney can help expedite a case if it has stalled.
Waiver of the Interview
It is possible to reduce your chances of having to attend a second marriage interview by collecting enough documents with the help of an experienced lawyer.
Unexpected Changes
A skilled immigration attorney can assist you if you experience a sudden change in your immigration status. You should consult with an experienced immigration attorney for help with the filing of I-751 Forms & Waivers, Petition to Remove Conditions of Residence.
In this case, you can hire an immigration attorney in a different state if your area does not have qualified immigration attorneys. It would be good if you contact us for a free consultation about filing your USCIS Form I-751, Petition to Remove Conditions of Residence.