I-751 REMOVE CONDITIONS ON GREEN CARD
The I-751 petition to remove conditions on Green Card is for conditional residents who obtained their Lawful Permanent Resident status through their marriage.
In order to remove conditions on a Green Card, you must file Form I-751 jointly with your current spouse. You must also prove that your marriage was bona fide and legitimate through documentation (e.g. anniversary pictures and receipts, letters, shared financial accounts, gifts, etc.). The more documentation, the better.
Because green card based marriages have one of the highest fraud rates, any red flags that might arise in a case will make it much more difficult to be approved. Here at Tsang & Associates, we will guide you through the entire process and create a case that will help to prove the validity of your marriage.
If you need to apply without a spouse, please see our information on I-751 waivers for removing conditions on green card without spouse.
At Tsang & Associates, we have a long history of helping thousands of clients successfully file the I-751 petition to remove conditions on their Green Card and our team can help complete this process from beginning to end.
I-751 PROCESS OVERVIEW
Step 1: Strategy Session for I-751 Application
This is the most crucial step for your entire I-751 Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.
Step 2: Prepare and Submit I-751 to USCIS
Our attorneys will craft your I-751 case arguments and complete all forms, package supporting documents, and assemble the crafted arguments into the proper application format.
Step 3: USCIS will require that you submit Biometrics to apply for this process
Once your I-751 application is filed, you will have to attend a biometrics appointment that will allow USCIS to conduct a background check and verify your identity. The appointment for the biometric service will generally be scheduled three to six months after the application is submitted. Our team will guide you through this process.
Step 4: Prepare the client for Interview with USCIS (if applicable)
According to USCIS, they will not require every I-751 applicant to have an interview as of 2022. However, if you are required to have an interview with USCIS, then we will help guide you in your preparation for the interview by simulating the interview and ensuring you are well versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview. You can attend the interview by yourself or inquire about our attorney appearance service at an additional cost.
Step 5: Responding to Additional USCIS Requests / Administrative Processing / Status Checks / Fraud Alerts
If additional documents/evidence are needed upon the submission of the case or after the interview, our office will ensure that all necessary documents are submitted to the USCIS office in a timely manner. We will assist the client to the best of our ability until the case gets approved or the client no longer wants to continue moving forward with the case.
Step 6: Approval is Only The Beginning
Our services do not end when you receive the I-751 application approval, as this step is just the beginning. To help accommodate this reality, we provide guidance over:
- N-400 Naturalization Applications
- Family Member Petitions
- and more immigration services!
I-751 COSTS & FEES
Our fee structure is unique to us as we strive to tailor our services to remove conditions on Green Cards for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the below steps/services. Below are required I-751 filing fees and a sample Iegal fee for a petition to remove conditions on residence.
I-751 Filing Fee: $595
The most up-to-date I-751 filing fee can always be found on the USCIS’s website or you can use the USCIS Fee Calculator to calculate how much the government filing fees are.
Biometric Service Fee: $85
All Form I-751 petitions require an $85 biometric service fee for each person that is applying to remove conditions on their residence. Use the USCIS Office Locator to find and schedule your biometric service at the office closest to you.
I-751 Legal Fee: $1,500
Our base fee for a standard I-751 case is $1,500 and does not include any government fees or third-party expenses. We are happy to customize a proposal for you during your I-751 consultation.
ESTIMATED TOTAL I-751 COSTS: $2,180
Filing Fee Payment Details: You may pay the filing fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security and we will help you send it to the correct USCIS Mailing Address. Please note that service centers are not able to process credit card payments.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.
I-751 PROCESSING TIME
As with any USCIS petition or application, form I-751 processing times vary depending on the nature of the case. The number of applications and petitions that have been received by USCIS will affect processing times, as will the accuracy of the information and the amount of evidence you provide with your petition.
In our experience, the typical processing time for the I-751 petition to remove conditions on green card with a spouse is between 10 and 31 months. You can use the USCIS Processing Timetable to figure out how long the I-751 processing time will take.
If you filed your petition jointly and provided strong evidence that your marriage is in good faith, the interview may be waived. Once your petition is approved, USCIS will remove the conditions on your residence and you will become a lawful permanent resident of the U.S.
REMOVE CONDITIONS ON GREEN CARD REQUIREMENTS
Eligibility for Form I-751
You can file a Form I-751 if you:
- Are still married to the same U.S. citizen or permanent resident 2 years after you were first granted conditional residency. You are also permitted to include your children if they were granted conditional residency within a 90 day period of when you received this status
- Are a child and you cannot be included on your parent’s application
- Entered marriage with a U.S. citizen or permanent resident in good faith; however, the marriage was terminated either through a legal divorce or an annulment
- Are a widow(er) who was in a good faith marriage to a U.S. citizen or permanent resident
- Entered marriage with a U.S. citizen or permanent resident in good faith; however, you or your child(ren) were abused or suffered severe adversity as a result of your spouse
If you are filing a joint petition, did you provide the following?
- Copies of the front and back of your Permanent Resident Card
- Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
- Evidence of the relationship
- Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws
- Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date
- An explanation for reason you are filing your I-751 form late (if applicable)
- An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
- Dispositions on criminal charges, arrests, or convictions (if applicable)
- If you are filing from overseas:
- Two passport-style photographs for each petitioner and dependent, regardless of age
- Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age
- A copy of current military or government orders if filing based on military or government service
Are you filing an individual request without your spouse?
Please see the requirements for filing the I-751 waiver to remove conditions on Green Card without your spouse.
I-751 SAMPLES & TEMPLATES
Attorney Brief: [coming soon] We will provide an attorney brief sample for the I-751 petition.
I-751 Cover Letter: [coming soon] We will also provide a cover letter sample for the I-751 petition.
Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.
Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.
Removal of Conditions Interview Questions: [coming soon] We’ll help you practice & adequately answer the most common I-751 interview questions.
When should Form I-751 be filed?
A conditional residency status usually only lasts for two years. Towards the end of the two-year period, you may need to file a Form I-751, the Petition to Remove Conditions on Residence, to request that USCIS remove the conditions on your Green Card so that you can become a permanent resident. If you do not file the form in a timely manner to remove the conditions on your residency and finalize your status as a permanent resident, you may risk deportation.
Why is a conditional green card only good for two years?
When a green card is obtained based on marriage to a U.S. citizen, initially the permanent resident status is valid for two years. The conditional green card expires after two years.
The conditional residency is like a probation period. During the two years, the couple builds a record of their married relationship together. At the end of that period the couple files Form I-751, Petition to Remove Conditions on Residence, in addition to evidence of their bona fide marriage.
The conditional two-year period is in place to help prevent marriage fraud. Therefore, couples should take the filing process very seriously as it’s more than just filing a form. The couple must prove their good faith marriage. Upon approval of the I-751 petition, the permanent resident (along with any children that filed on the same petition) will become lawful permanent residents with 10-year green cards.
What happens if I do not file Form I-751 within 90 days of my green card expiration date?
If Form I-751, Petition to Remove Conditions on Residence, is not filed before your green card expires, you can automatically lose your permanent resident status. Without a valid immigration status, immigration enforcement has the authority to remove you from the United States.
However, if you fail to file through no fault of your own, you may file late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate certain criteria. When you submit the petition, you must also show that the delay was due to extraordinary circumstances beyond your control and the length of the delay was reasonable. If you do have a compelling reason to file late, you should respond immediately.
Again, there is an exception if you are applying for a waiver of the joint filing requirement. You may file Form I-751 at any time after you are granted conditional permanent residence and before you are removed from the United States.
Can I use Form I-751 to remove conditions on Green Card for my children?
If your dependent children acquired conditional permanent resident status on the same day as you or within 90 days thereafter, yes you can use Form I-751 to remove the conditions on residence for your children. Simply include their names and information in the same Form I-751 that you are filing for yourself. Be sure to include the additional filing fee and supporting documents.
However, if your dependent children acquired conditional resident status more than 90 days after you or the parent is now deceased, use a separate Form I-751 to remove the conditions on your dependent child's Green Card.
Is there an interview to remove conditions on Green Card?
When filing form I-751 there is a required interview as part of the process; however, depending on your case and supporting documents USCIS may waive the required interview. In this case, you will not need to attend an interview to complete your filing.
Can an I-751 be denied?
Yes, there are several reasons an I-751 may be denied including failure to file on time, insufficient evidence, or failing to appear for the I-751 interview. If your petition to remove conditions of residence is denied, you may be able to submit a new I-751 to prove your case. If you've received a denial, you can contact us for a consultation to discuss your options.
Can I file an I-751 to remove conditions on Green Card without my spouse?
Yes, there are circumstances in which you can file I-751 without your spouse. For additional information, please see I-751 waiver to remove conditions on Green Card without spouse.