I-751: PETITION TO REMOVE
CONDITIONS ON RESIDENCE
If you are married to an American
citizen and your marriage is less than two years old, you are
subject to the two-year conditional residency imposed on all green
card holders who obtained their residency status through marriage.
The reason for this regulation is so you can prove that you did not
get married merely to evade U.S. immigration laws.
I-751 is a petition intended for the removal of the conditions
on residence of a conditional resident who obtained status through
marriage. The conditions on your permanent residence status will not
be lifted automatically after the two-year period has expired. On
the contrary if you fail to take any action, and allow the period to
lapse without applying for I-751, you could lose your green card and
therefore lose your right to work and live in the United States
permanently.
Top |
Previous |
Next
You may file I-751 to remove your
conditions on permanent residence if:
-
You are still married to the same
U.S. citizen or lawful permanent resident after two years (your
children may be included in your application if they got their
conditional resident status at the same time that you did or within
90 days).
-
You are a child and cannot be
included in the application of your parents for a valid reason.
-
You are a widow or widower of a
marriage that was entered into in good faith.
-
You entered into a marriage in good
faith, but the marriage was 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 hardship by your U.S. citizen or lawful permanent resident
spouse.
-
The termination of your conditional
resident status would cause extreme hardship to you.
You should apply within 90 days prior
to your second anniversary as a conditional resident. The expiration
date on your green card is also the date of your second anniversary
as a conditional resident. If you fail to make a timely I-751
application, you could lose your
conditional resident status and be removed from the country.
Top |
Previous |
Next
If you fail to properly file the Form I-751
(Petition to Remove the Conditions on Residence) within the
90-day period before your second anniversary as a conditional
resident, your conditional resident status will automatically be
terminated and the Service will order removal proceedings
against you. You will receive a notice from the Service telling
you that you have failed to remove the conditions, and you will
also receive a Notice to Appear at a hearing. At the hearing you
may review and rebut the evidence against you. You are
responsible for proving that you complied with the requirements
(the Service is not responsible for proving that you did not
comply with the requirements).
The Form I-751 can be filed after the 90-day period if you can
prove in writing to the director of the Regional Service Center
that there was good cause for failing to file the petition on
time. The director has the discretion to approve the petition
and restore your permanent resident status.
Top |
Previous |
Next
What are the remedies of an alien
spouse, if his/her U.S. citizen spouse refuses or cannot sign the
form I-751 by reason of
termination of marriage or divorce or death of the citizen spouse?
The immigrant spouse can apply for one of the three waivers:
- "good faith"
waiver
- the good faith
and battered waiver and
- the extreme
hardship waiver.
If the marriage has ended through divorce or annulment, the immigrant spouse can file a waiver on an
I-751 form, which provides that the conditional residency was based on good faith marriage to an U.S. citizen or permanent residents. In such case, there should be sufficient evidence to establish that the marriage was "entered" into in good faith.
If the immigrant spouse is still married to the U.S. citizen, the immigrant spouse can file the battered spouse waiver asserting the immigrant spouse entered the marriage in good faith, but has been battered or subjected to extreme mental cruelty by the U.S. citizen or lawful permanent resident spouse. The immigrant spouse must present evidence that supports the good faith of the marriage, and proof of the abuse. If the immigrant is trying to establish extreme mental cruelty, the immigrant spouse will need to have the
I-751 signed by a licensed clinical social worker, psychologist or psychiatrist.
The extreme hardship waiver provides that the Attorney General "may remove the conditional basis of the permanent residence for an alien" who does not file the joint petition if "extreme hardship would result if such alien is removed." INA 216 (c) (4) (A). Further, the regulations further provide, "The director shall bear in mind that any removal from the United States is likely to result in a certain degree of hardship, and only in those cases where the hardship is extreme should the application for waiver be granted. The burden of establishing hardship rests solely with the applicant."8 CFR 216 (e) (1).
Joint I-751, and I-751 waivers are filed with the
service center having jurisdiction over the conditional resident's
place of residence. The joint petitioners may undergo an interview,
which shall be conducted at the district office having jurisdiction
over the
immigrant's place of residence. The interview is not compulsory, and
the petitions can be approved without this interview, and often are,
if properly supported by documentation of the good faith of the marriage.
Top |
Previous |
Next
BCIS will extend your
conditional resident status while BCIS staff reviews your
application.
Related links:
US immigration information center |
US immigration law | US visa application
| USA green cards | Visa waiver program (VWP)
| I-751 petition
Back to Top
|