This article is part of Documented’s Glossary. We want to make it easier for all to understand the US immigration system. If you want to know more about different visa types and immigration terms, please check our library here.
What Is Form I-751
Conditional permanent residents who have obtained legal status through marriage to a U.S. citizen or lawful permanent resident and wish to apply to remove conditions on their permanent resident status do so using the I-751 form.
Important: Your conditional permanent resident status is only valid for two years and cannot be renewed. For you to remove conditions, you need to fill and send Form I-751.
If the applicant is still married, the I-751 form may be filed jointly with the spouse through whom they obtained conditional status. An applicant may still apply through the I-751 form if their marriage was performed in “good faith” but the applicant’s spouse died, the marriage ended in divorce or annulment, the applicant was battered or subject to extreme cruelty by the petitioning spouse, or the termination of the applicant’s status and removal from the United States would cause extreme hardship. If filing jointly with a spouse, the form must be submitted less than 90 days before the applicant’s conditional residence expires. More information on who is eligible and how to submit the Petition to Remove Conditions on Residence may be found here.
Please read here all instructions for a conditional permanent resident child,
Here are all conditions for you to apply without your spouse:
- You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
- You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment;
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;
- Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or
- Termination of your status and removal from the United States would result in extreme hardship.
Please visit USCIS’s Remove Conditions on Permanent Residence Based on Marriage page for more information.
Also read: Legal Help for immigrants in New York State
How to File
- Read the instructions for Form I-751, Petition to Remove Conditions on Residence;
- Complete and sign your Form I-751;
- Pay the filing fee, if applicable; and
- Provide all required evidence and supporting documentation.
Also read: EB-5 visa. A permanent residency by investing in the US
You must pay a $85 biometric service fee for each person applying to remove conditions on their residence on the same form. Use USCIS Fee Calculator to help determine your fee. We will reject forms submitted with incorrect or incomplete fees.
You may pay the fee with a money order, personal check or cashier’s check.