Conditional permanent residents are provided a green card that is valid for 2 years. After these 2 years have passed, conditional permanent residents have 90 days to complete and submit a form to remove their conditional status. Conditional status is not renewable.
Once a conditional permanent resident’s conditional status is removed, the person becomes a permanent resident of the US, also known as a green card holder.
But how does someone remove their conditional status as a conditional permanent resident? There are two types of forms that can be used to remove conditional status. People who’ve become conditional permanent residents through entrepreneurship can use Form I-829, while those who’ve become conditional permanent residents through marriage can use Form I-751.
Applying for Removal of Condition With Form I-751
When applying for removal of conditional status, those with dependent children must name their children on Form I-751 if their children became conditional permanent residents on the same day as their parents or within 90 days of their parents.
If a conditional permanent resident has children who are also conditional permanent residents, but the children did not become conditional permanent residents on the same day or 90 days after their parent became a conditional permanent resident, then the child must file a separate Form I-751 to get their conditional status removed. Similarly, if the parent of a conditional permanent resident has died, each of their children must file individual Form I-751’s.
Marriage & Applying for Removal of Condition With Form I-751
If someone has become a conditional permanent resident through marriage, then they must complete Form I-751 jointly with their spouse. However, in any of the following scenarios, conditional permanent residents through marriage do not have to file jointly:
- When their spouse died after they were married
- When a conditional permanent resident and their spouse have divorced
- When a conditional permanent resident has been a victim of domestic abuse by their spouse or parent whose relationship provided conditional permanent resident status
- When a conditional permanent resident would face extreme hardship if their status was terminated or if they were removed from the U.S.
Are you not sure if you or a loved one qualifies for one of the above joint filing requirement waivers? Contact me today – if you’re eligible for a waiver, you may also be able to request to file your petition late.
When Should You Apply For Removal of Conditions With Form I-751?
There are different deadlines for Form I-751 depending on the details of a person’s situation. Typically, Form I-751 for Removal of Conditions must be completed and submitted within 90 days after conditional status expires. If completing Form I-751 jointly with a spouse, Form I-751 must be completed and submitted within 90 days after conditional status expires. If granted a waiver from joint filing requirements, conditional permanent residents can complete and submit Form I-751 any time after conditional status is obtained but before a conditional permanent resident is removed from the United States.
What Happens If I Don’t Complete Form I-751 for Removal of Conditions?
Failing to complete Form I-751 can have major consequences. If Form I-751 is not complete and submitted in time (as detailed above in “When Should You Apply For Removal of Conditions With Form I-751), conditional permanent residents whose conditional status has expired can be removed from the United States at any time.
Can I Complete Form I-751 After The Deadline?
Depending on the situation, anyone whose conditional status expired may be able to complete Form I-751 without facing consequences. If a conditional permanent resident didn’t complete Form I-751 but failing to do so wasn’t their fault, they can request to complete Form I-751 late. This request for late filing of Form I-751 may be granted if:
- Extraordinary circumstances beyond a conditional permanent resident’s control prevented them from completing Form I-751
- The delay between the requested late filing and regular filing deadline is reasonable
Don’t Delay. Let’s Talk Removal of Conditions Today.
Putting off Form I-751 can cause a lot of problems. Even if the form is completed on time, incomplete or incorrect information on the application for Removal of Conditions can cause major delays and could have significant consequences.
Don't Get Delayed. Schedule a Consultation Today.
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