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USCIS Form I-751 Immigration

Joe March 1, 2021

With questions please contact us at: class_question@1stchoicealliance.com

With questions please contact us at: class_question@1stchoicealliance.com

If your client was granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use this form to file for the removal of those conditions.  The reason someone would file this is when immigrating with a spouse, and the marriage is less than 2 years old, the immigrant is only entitled to conditional residency. This form will allow them to remove conditions and also apply for permanent residency. You can include children that acquired conditional resident status on the same day as your client or within 90 days of that day on the same application. If their children do not meet this criterion, then they have to file additional I-751 forms.

When Should I File This Form?

1.Filing jointly.  If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.

2. Filing with a request that the joint filing requirement is waived or individually filed.  You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty.  You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

3.Effect of not filing.  If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status.  You will then become removable from the United States. SPECIAL NOTE:  If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing.  Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable