Instructions For Form I-751 - Petition To Remove Conditions On Residence

ADVERTISEMENT

Instructions for Petition to
Remove Conditions on Residence
USCIS
Form I-751
Department of Homeland Security
OMB No. 1615-0038
U.S. Citizenship and Immigration Services
Expires 11/30/2017
What Is the Purpose of Form I-751?
This petition is used by a conditional resident who obtained status through marriage, to request that U.S. Citizenship and
Immigration Services (USCIS) remove the conditions on his or her residence.
Who May File Form I-751?
If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form
I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. If you have dependent
children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the
names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that
the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident
status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those
dependent children must each file Form I-751 separately to have the conditions on their status removed.
If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status.
However, you may file Form I-751 without your spouse if:
1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning
spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme
cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.
When Should I File Form I-751?
1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period
immediately before your conditional residence expires.
2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751
without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were
battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional
resident status and before you are removed from the United States.
3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years
from the date on which you were granted conditional status. You will then become removable from the United States.
SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a
written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be
excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond
your control and that the length of the delay was reasonable.
Form I-751 Instructions 12/23/16 N
Page 1 of 10

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal
Go
Page of 10