I-751, Petitions to Remove Conditions on Residence, Experiencing Additional Delays but Now Offer an

An I-751, Petition to Remove Conditions on Residence is used for conditional permanent residents who received status through marriage and would like to remove the conditions that reside on their permanent resident status. Status is considered to be conditional if it was received through a marriage that is less than two years old of when residence was received. This status is considered to be conditional because proof must be obtained to show that the marriage was not for immigration status purposes.

An individual may apply to remove conditions on residence if they are married to the same U.S citizen or permanent resident after a full two years of marriage. One may also still apply if they went through a divorce with their spouse as long as they can prove that they entered the marriage in good faith during a possible interview. Children may also be added to this petition if they received conditional status within 90 days of their parents receiving status. Couples should apply during the 90 days before the second year of obtaining conditional residence so that they do not lose their status.

As of June 11, 2018 individuals who file a Form I-751 or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt. The petitioner should keep this receipt as it serves as evidence of continued status for 18 months past the expiration date when printing their Form I-551. Due to the current delays in processing time for Form I-751 and I-829s, USCIS is increasing the expiration time based on one’s permanent resident card from 12 months to 18 months.

If a petitioners Form I-751 or I-829 was still pending from June 11th, 2018 they will be able to receive a new Form I-797 receipt notice if they are eligible for conditional permanent residency. If a conditional permanent resident will be outside of the United States for more than a year they should apply for reentry by filing a Form 1-131 Application for Travel Document prior to exiting the United States.

If you have any questions regarding I-751 petitions, please contact Attorney Nicholas J. Mireles at NicholasMireleslegal@gmail.com.