Form I-751 is one of many forms provided by the U.S. Citizenship and Immigration Services (USCIS). It is used for turning the conditional Green Cards into Permanent Resident Cards. Learn who needs to file the “Petition to Remove Conditions on Residence” and how it’s done.
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If you are holding a marriage-based conditional Green Card, it is not enough to renew it after ten years, as other Green Card holders do. Instead, after two years of holding your conditional residence, you first have to remove the imposed time constraint using Form I-751.
But why are marriage-based Green Cards conditional in the first place? The answer is: to prevent fraud. For fear of sham marriages, USCIS wants to make sure that your marriage is bona fide and that you did not marry just to get a Green Card.
If you want to remove the conditions from your Green Card, hand in the following documents along with your I-751 petition:
You must have a United States postal address to file the I-751 petition.
When completing Form I-751 by hand, use black ink and write neatly, readably, and within the given space. Don’t highlight or paint over your writing because USCIS is using scanners.
When removing the conditions from your Green Card, you will go through the following steps:
US States | I-751 filling addresses |
---|---|
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wyoming | U.S. Postal Service: USCIS P.O. Box 21200 Phoenix, AZ 85036 FedEx, UPS, and DHL: USCIS Attn: I-751 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034 |
Connecticut, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Wisconsin |
U.S. Postal Service (USPS): FedEx, UPS, and DHL deliveries: |
If you have questions during the process, call the National Customer Service Center at 1-800-375-5283 for the most current information. For TTY (deaf or hard of hearing), call: 1-800-767-1833.
When filing Form I-751, Petition to Remove Conditions on Residence, be prepared to pay the following fees:
I-751 fee | Cost* |
---|---|
Form I-751 filing fee | $ 750 |
Biometric services fee | $ 30 |
Court and criminal records | costs vary |
Translations of documents in a foreign language | costs vary |
*All fees are subject to change at any time without prior notice.
The date you need to apply for removal of your Green Card conditions depends on your personal situation. When filing together with your spouse, you have to petition within 90 days before your status expires.
If the joint filing with a spouse is waived (e. g., because of death, divorce, or domestic violence), you can file I-751 any time after you are granted your conditional resident status.
The waiting time in the I-751 process to remove the conditions from your Green Card varies depending on whether you are filing in joint with your spouse or alone (with a waiver), the US state you are filing the petition in, and your individual case. Wait times range from 5 to 43 months.
If you fail to send in I-751 in time, you are risking termination of your permanent resident status. If this is the case, you will receive a Notice to Appear (NTA) from the U.S. Department of Homeland Security (DHS), asking you to appear before an immigration judge.
If you miss the deadline, but it is not your fault, you might get help from USCIS: file the petition later with a written explanation and request allowance for late filing.
You can’t file Form I-751, Petition to Remove Conditions on Residence, online yet. However, USCIS allows you to add a paper-filed case to your USCIS online account to check your status at all times.
Some weeks after you filed Form I-751, USCIS will send you a “Form I-797 Notice of Action,” which is a receipt stating that the processing has begun. Form I-797 extends and proves your conditional residence until the process is finished, so carry it with you at all times.
You don’t necessarily need an attorney to remove your conditional status. However, if you feel like your case is complicated and things are unclear or hard to prove, you might want to get help.
Your children can be included in your I-751 petition to remove the conditions on your residence if:
Otherwise, your offspring must file their petition together with your spouse, who is a US citizen or Permanent Resident.