I-751 Receipt Extends Status 18 months

We have seen longer delays by USCIS in the adjudication of Form I-751, Petitions to Remove Conditions on Residence, with adjudication trends currently longer than 12 months.

As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-751 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.

We are making the change from 12 to 18 months because current processing times for Form I-751 and Form I-829 have increased over the past year.

Additionally, we will issue new Form I-797 receipt notices to eligible conditional permanent residents whose Form I-751 or I-829 was still pending as of June 11, 2018. Those Form I-797 receipt notices will also serve as evidence of continued status for 18 months past the expiration date on petitioner’s Permanent Resident Card. (more…)

What Are The I-751 Removing Conditions?

Did you know that your permanent U.S. resident status is considered conditional if it was based on a marriage of less than 2 years at the time residency was granted? U.S. immigration law was set up this way to protect against immigrants who married solely to evade immigration laws. Fortunately, the conditional nature of your resident status can be removed, and permanent status granted, by filing Form I-751: Petition to Remove Conditions on Residence and by meeting certain removing conditions.

I-751 Removing Conditions and How to File For Removal

There are five I-751 removing conditions. One of the five conditions must be met in order to file for removal using Form I-751:

  1. If you are still married to the U.S. citizen spouse after 2 years, you may file for removal, but spouses must file jointly for the removal.

You may file Form I-751 seeking a waiver from the joint filing requirement under the following grounds:

  1. You are a widow/widower.
  2. You are divorced or the marriage was annulled.
  3. You are a child who cannot be included in your parents’ application.
  4. You are the victim of domestic violence and/or extreme hardship by your U.S. spouse.

You can file Form I-751 at any time after the conditional residency has been granted but before the 2 years expiration of your status.

Filing For Removal Is Not An Option, It Is A Requirement

We want to stress the importance of filing Form I-751. Removing the conditions of your conditional residency is required if you wish to obtain a Green Card. If you do not file Form I-751 before your Conditional Green Card expires, your residency can be revoked and you are at risk of being deported.

Our Orlando immigration attorney recommends filing Form I-751 (more…)