I-751

Immigration Solutions to Advance Strong Cases

A conditional permanent resident card (“green card”) is valid for two years. To remain in permanent resident status, the conditional permanent resident must apply to remove the conditions 90 days before the card expires as a conditional card cannot be renewed.

For a marriage-based green card, the conditional permanent resident must file Form I-751 to remove the conditions. To remove the conditions, the applicant and spouse must file Form I-751 together 90 days before the 2nd anniversary as a conditional resident. If Form I-751 is not filed timely, the conditional permanent resident could lose his/her legal status and be deported.

If the conditional permanent resident is no longer married to his/her spouse or has been battered/abused by his/her spouse, the applicant can apply for a waiver of the joint filing requirement.

The conditional permanent resident can request a waiver of the joint petitioning requirement if his/her situation meets any of the following criteria:

  • His/her deportation would result in extreme hardship
  • He/she entered into marriage in good faith and not to get around immigration laws, but the marriage ended in annulment or divorce, and he/she was not at fault in failing to file a timely petition
  • He/she entered into marriage in good faith and not to get around immigration laws, but during the marriage he/she or child were battered, exposed to extreme cruelty by USC or PR spouse, and he/she was not at fault in failing to file a timely petition

Disclaimer: The information contained on this webspage is provided for general information only and should not be construed as legal advice or the formation of an attorney/client relationship.