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Form I-751 is a Petition to Remove Conditions on Residence related to a Conditional Green Card. It is mandatory that an I-751 be filed before the two-year expiration date of the Green Card. Failure to file Form I-751 will lead to termination of conditional residency and can lead to deportation and/or removal proceedings in immigration court.

It is for these reasons that it is very important for Conditional Green Card holders to consult with our Orlando immigration attorney if they have questions, concerns, or problems related to the I-751.

What is Conditional Residency?

Conditional residency is assigned to foreign-born individuals who marry a U.S. citizen. Permanent residence status is classified as conditional if it is based on a marriage of less than 2 years. This classification is applied to help prevent individuals from trying to evade U.S. immigration laws by marrying a U.S. citizen. The only way to remove the conditional classification is to file Form I-751.

Eligibility Criteria

Individuals are eligible to apply for removal of conditions on their permanent residence if they:

  • Are married to the same U.S. citizen or permanent resident after 2 years. Children may be included in the application if they received their conditional-resident status at the same time or within 90 days of the foreign-born parent.
  • Are a child that cannot be included in his/her parents’ application.
  • Are a widow or widower who entered into the marriage in good faith.
  • Are divorced, but entered into the marriage in good faith. Marriages that have been annulled may also provide eligibility for I-751.
  • Entered into the marriage in good faith, but either the card holder or their child were battered or subjected to extreme hardship by their spouse.

File Form I-751 With Help From Our Orlando Immigration Law Office

Spouses must file Form I-751 together, but that doesn’t mean you have to do it alone. Orlando immigration lawyer, Gail Seeram can help you file Form I-751 on time or request a waiver to filing the petition jointly.

If you are nearing the date for the expiration of your Conditional Green Card, contact our immigration law office right away at 1-877-GAIL-LAW or 407-292-7730 to schedule a free consultation.