What is form I-751 and how does it work?
Form I-751, Petition to Remove Conditions on Residence, is used by conditional permanent residents that obtained status through marriage to request that the conditions on residence be removed and subsequently become lawful permanent residents.
What happens if I-751 is denied by USCIS?
If the I-751 is denied by USCIS, the case will be referred to an immigration court for deportation proceedings. This occurs whether the I-751 is a joint petition or a waiver petition. In immigration court, the alien can ask the immigration judge to review the I-751 denial.
Can I file I-751 with my spouse?
Form I-751 is a joint petition. That means that you and your spouse will file it with USCIS together. However, there are exceptions for conditional residents that want to request a waiver to the joint filing requirement.
When to file form I-751 if my conditional residence expires?
We will reject your Form I-751 if you file more than 90 days before the date your conditional residence expires. Use our Filing Calculator for Form I-751 (Filing Jointly with Your Spouse) to determine your 90-day filing date.
When to file form I-751 if your spouse dies?
However, if that isn’t possible — in cases when the couple has divorced or the sponsoring spouse has died or become abusive — then Form I-751 can be filed individually or the joint-filing requirement can be waived. It’s important to file Form I-751 in a timely manner to avoid complications, such as the immediate loss of permanent resident status.
When to file form I-751 when your green card expires?
For instance, if your green card’s expiration date is April 1, 2021, then you can file Form I-751 no earlier than January 1, 2021, or 90 days. You must file no later than April 1, 2021, in order to maintain your green card status. If you are filing your I-751 by yourself
What happens if I-751 is not filed by 90 days?
If the I-751 petition is not filed by the day the two-year green card expires, the conditional generally becomes deportable. Therefore, filing the petition within the 90-day period before status expires is extremely important. For waiver petitioners, there is more flexibility.
When to file form I-751 when your conditional resident status expires?
You must file your Form I-751 during the 90-day period immediately before your conditional residence expires. You were not included in your parent’s petition and are filing a separate joint petition with your U.S. citizen or lawful permanent resident stepparent. You may file at any time before your conditional permanent resident status expires.
How much does it cost to remove a condition on I-751?
All Form I-751 petitions also require an $85 biometric service fee for each person applying to remove conditions on their residence on the same form. You may pay the fee with a money order, personal check, or cashier’s check.
Why would USCIS Deny my I-751?
The most obvious reason that USCIS may deny an I-751 is marriage fraud. If USCIS believes that you have a sham marriage for the purpose of circumventing immigration laws, USCIS will deny the petition and refer your case to an immigration judge. But during the review, USCIS will consider all aspects of your eligibility.