Immigration Form I-751 Petition for the Removal of Conditions of Residence

Immigration Form I-751 is the Petition to Remove the Conditions of Residence. It’s used by conditional permanent residents that obtained status through marriage in order to remove the conditions on residence and receive full unrestricted permanent residence. Conditional residents that obtained status through a financial investment in a U.S. business should not use this form. Instead, they must use Form I-829 a Petition by Entrepreneur to Remove Conditions. As long as the petitioner’s children acquired conditional residence on the same day or within 90 days thereafter, they can be included on the same petition. But if their conditional status was granted at a time outside that 90-day window, a separate petition must be filed on behalf of the children. If you seek to remove the condition of your residence, you are generally required to file jointly with your spouse through whom your conditional residence was obtained. But it is possible to file Form I-751 independently without your spouse if: • He or she is deceased; or • You entered the marriage in good faith, but it has now ended due to divorce or annulment; or • You entered the marriage in good faith, but you were battered or subject to extreme cruelty by your petitioning spouse; or • Your conditional resident parent entered the marriage in good faith, but you were battered or subject to extreme cruelty by your parent’s spouse or by your conditional resident parent; or • The termination of your status and removal would result in extreme hardship. If you need a waiver, you should always consult an attorney first. There is a high standard to prove that you entered the marriage with honest intentions. Finally, be sure to file Form I-751 in the 90-day period before your green card expires. This is very important. You will lose your conditional residence if it expires. If you have been arrested or have been convicted of a crime or offense during the period of your conditional residence, you should consult with us before filing Form I-751.

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