What is the Petition to Remove Conditions on Residence?
The application I-751 is also known as the Petition to Remove Conditions on Residence. Usually, this is the next step to follow once you have gained a conditional permanent resident.
Whether you get married to a US citizen or legal permanent resident in the US, or were brought to the US as a fiancé(e) and then married a US citizen, the conditional permanent residency you’re provided is only valid for two years, and cannot be renewed.
For that, you need to petition to have one’s imposed conditions be removed from a permanent resident status.
What type of documentation is required for the I-751?
As most of immigration process, you need to present the Petition to Remove Conditions on Residence application with certain documents as a requirement. For this process, you will need:
- A copy, back and front, of your Permanent Resident Card – if you are including children in your petition, you will need a copy of the same, if applicable.
- Birth certificates of any children born from the marriage.
- Provide and submit any documentation that could indicate and prove that the marriage that conceded your status was entered in good faith. For example:
- Photos of the relationship.
- Financial records showing joint ownership of assets or joint responsibilities.
- Any documentation relevant to prove that your marriage was not entered for the purpose of evading US. Immigration laws.
- Affidavits of support.
How can you know if you are eligible for this process?
Principally, you proceed with the filing to remove the conditions on your residency together with your US citizen or lawful permanent resident spouse or stepparent, if you…
- Are still married to a US citizen or lawful permanent resident after two years.
- Have a parent that is still married to a US citizen or lawful permanent resident after two years and you are not included in your parent’s form I-751 (you could be, if your parent includes you in their petition, as long as both received their status either at the same time, or within 90 days from each other).
You could proceed with the filing to remove the conditions on your residency without your spouse or stepparent if…
- Your US citizen or lawful permanent resident spouse or stepparent are deceased, and you had entered the marriage in good faith.
- You did enter the marriage in good faith, but it ended in divorce or annulment.
- You entered the marriage in good faith, but unfortunately, you or your child were physically hurt to extreme by the US citizen or permanent resident spouse.
- Your parent entered a marriage in good faith with a US citizen or permanent resident, but you were subjected to extreme cruelty and physically hurt by your stepparent.
- The termination of your conditional status and following removal from the United Stated would result in extreme hardship.
Since all cases present different challenges, always consult an experienced immigration attorney. We offer 30-minute, free-of-charge initial consultations. You can schedule your consultation here or call our office 469-708-5800!