extraordinary situations outside the applicant’s control is a good reason for a late filing. USCIS may make an exception if the delay was due to extraordinary circumstances and if the length of the delay was reasonable, thus demonstrating good cause. First, you must submit a letter clearly stating why you are filing late. You can still file the form if your conditional green card has expired. Make sure your lawyer reviews all your information to ensure you demonstrated extreme hardship. There is a section to fill out to waive the joint filing requirement. If your marriage is overdue to a death, divorce, annulment, etc., you still can file for the removal of conditions yourself. However, be aware that there are no guarantees that USCIS will grant the exemption. If your conditional green card is expired, you can get an exemption by writing a letter explaining why you could not file before the expiration. Don’t apply before the 90 days, and don’t wait until after it expires to apply. Ninety days before your conditional green card expires, submit a joint petition with your spouse. When should you consider filing the form? The answer depends on whether you are still married and filing jointly with your spouse, filing by yourself, and whether your green card is expired. Otherwise, your conditional green card will expire, and USCIS will begin removal proceedings against you. If you have a conditional green card, you must file Form I-751 to remove permanent resident status conditions. If you have a CR-1 visa, you have a conditional green card. These conditional green cards differ from regular green cards because they have a shorter validity period.
citizen or lawful permanent resident for less than two years old when they apply for permanent residence. USCIS grants a conditional green card to individuals married to a U.S.
You should seek an immigration attorney for these cases due to the complexity and risk of losing immigration benefits. Removing the conditions on the green card for those who have a conditional green card but the marriage has dissolved is still possible if you can prove that the marriage was originally bona fide. You need to provide evidence that the marriage is genuine and didn’t use it only to gain access to the United States.
What Is Form I-751 Used For?įorm I-751 is to ask USCIS to remove the conditions on your green card so you can reap the benefits of permanent residency in the long term. Keep reading to learn about the required supporting documents, how to file the form, required evidence, details about an I-751 affidavit sample, and explore some frequently asked questions. Form I-751, Petition to Remove Conditions on Residence, is for conditional permanent residents who received their status via marriage and want to remove their permanent residency status conditions by converting it into a 10-year green card. Your conditional green card is close to expiring, so it’s time to move to a regular one.
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