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USCIS Updates Guidance on Form I-751 Petition to Remove Conditions on Residence

USCIS is updating its Policy Manual to streamline guidance on family-based conditional permanent residence (alien registration card, known as green cards). This update covers eligibility, filing procedures, and adjudication for Form I-751, Petition to Remove Conditions on Residence, which removes the conditions on a marriage-based green card obtained within two years of marriage.

The update explains what conditional permanent resident should do if they need to change their application because of abuse or extreme cruelty, and also gives people a new chance to get a green card even if they missed the deadline to timely file Form I-751 to remove their conditional status.

A noncitizen receives conditional permanent resident (CPR) status when receiving legal permanent resident status based on marriage to a US citizen or a lawful permanent resident (LPR) and the marriage began less than two years before obtaining the permanent residency. As a result, most all conditional permanent residents are required to file Form I-751 within the 90-day period before the two-year anniversary of obtaining your conditional green card.  Please contact Attorney Monique Kornfeld about those Form I-751 petitions that can be filed before that period.

What is Form I-751, Petition to Remove Conditions on Residence?

Form I-751 is a Petition to Remove Conditions on Residence which is filed by conditional permanent residents in the US to remove the time limit on their green card.

By successfully filing and getting an approved  Form I-751, it removes the two-year expiration date from your green card, converting it to a full, unrestricted green card for legal permanent residency.

Who can use Form I-751?

There are various eligibility options for filing Form I-751 – joint filing as a married couple or a waiver for an individual filing based on a deceased spouse, divorce, extreme hardship or abuse.

The joint filing option is filed with your US spouse or LPR spouse. You must provide evidence that your marriage is still active and bona fide.

You can also file the form on your own, requesting a waiver or an individual filing. You are eligible for individual filing if you entered into the qualifying marriage in good faith, but your marriage ended due to death of your spouse, you would need to provide death certificate.

You are eligible for a waiver if your marriage ended in separation or divorce, during the marriage the petitioning spouse battered or subjected the CPR spouse to extreme cruelty, and termination of CRP’s status or removal from the US would cause extreme hardship. You can provide police reports and medical records that show that you suffered abuse or extreme cruelty from your petitioning spouse.

Please contact Attorney Kornfeld for assistance with any type of I-751 petition to ensure that is filed with a great chance of success.

 

 

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