In this post, we share with our readers the top five things you need to know before applying for the I-751 Petition to Remove Conditions on Residence.
- You must file the I-751 Removal of Conditions if you were granted Conditional Resident status (a 2-year green card) based on marriage to a U.S. Citizen or lawful permanent resident
A conditional permanent resident receives a green card that is valid for a 2-year period. Conditional permanent residence is given to foreign nationals who have been married for less than 2 years, on the day that the application for permanent residence was approved. Conditional permanent residents have “conditional” status instead of “permanent” resident status, because they must prove that they did not marry the US Citizen or LPR spouse solely to obtain an immigration benefit. These individuals must go through the additional hurdle of filing Form I-751 Petition to Remove Conditions on Residence to obtain a permanent resident card (10-year green card).
- You must file the I-751 petition in a timely manner
The I-751 Petition to Remove Conditions on Residence must be filed during the 90-day window immediately before the conditional residence will expire (see the conditional green card’s expiration date and subtract 90 days).
- Consequences of Failing to File
If you fail to remove your conditions before the 90-day window closes, you will automatically lose your permanent resident status on the second anniversary of the date you were granted conditional status. You are then subject to removal from the United States. You may only file an I-751 petition after the expiration date of your conditional residence if you demonstrate that your delay in filing the petition was due to extraordinary circumstances beyond your control