I-751 Work Permit

This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.
Generally

An individual’s permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.

Eligibility

Generally, you may apply to remove your conditions on permanent residence if you:

Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;

Are a child and, for a valid reason, cannot be included in your parents’ application;

Are a widow or widower who entered into your marriage in good faith;

Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or

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 permanent-resident spouse.

Filing Form I751

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before 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 do not apply to remove the conditions in time, you could lose your conditional resident status.

Work Permit 

As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, USCIS will extend your conditional resident status until a decision has been made on your application, allowing you to continue to work legally in the U.S.

I-751 Abused Spouses

This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.
Generally

An individual’s permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.

Eligibility

Generally, you may apply to remove your conditions on permanent residence if you:

Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;

Are a child and, for a valid reason, cannot be included in your parents’ application;

Are a widow or widower who entered into your marriage in good faith;

Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or

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 permanent-resident spouse.

Filing Form I751

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before 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 do not apply to remove the conditions in time, you could lose your conditional resident status.

Abused Spouses

You can apply to waive the joint filing requirement if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent. In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

I-751 Appeal

This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.

Generally

An individual’s permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.

Eligibility

Generally, you may apply to remove your conditions on permanent residence if you:

Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;

Are a child and, for a valid reason, cannot be included in your parents’ application;

Are a widow or widower who entered into your marriage in good faith;

Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or

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 permanent-resident spouse.

Filing Form I751

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before 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 do not apply to remove the conditions in time, you could lose your conditional resident status.

Appeal 

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings.

I-751 Interview

This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.
Generally

An individual’s permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.

Eligibility

Generally, you may apply to remove your conditions on permanent residence if you:

Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;

Are a child and, for a valid reason, cannot be included in your parents’ application;

Are a widow or widower who entered into your marriage in good faith;

Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or

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 permanent-resident spouse.

Filing Form I751

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before 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 do not apply to remove the conditions in time, you could lose your conditional resident status.

Evidence

Submit copies of documents indicating that the marriage upon which you were granted conditional 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, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

Interview

An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview.

Removing Conditions on Permanent Residence 

This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.
Generally

An individual’s permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.

Eligibility

Generally, you may apply to remove your conditions on permanent residence if you: 

Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did; 

Are a child and, for a valid reason, cannot be included in your parents’ application; 

Are a widow or widower who entered into your marriage in good faith; 

Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or 

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 permanent-resident spouse.

Filing Form I751

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before 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 do not apply to remove the conditions in time, you could lose your conditional resident status.

Evidence

Submit copies of documents indicating that the marriage upon which you were granted conditional 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, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

I751 Late Filings 

This guide is intended for individuals who are applying for Form I751, petition to remove conditions of permanent residence.

Generally
In general, a conditional permanent resident is required to submit Form I-751 Petition to Remove Conditions of Residence within 90 days prior to the second anniversary of the date the beneficiary acquired his/her green card.

Effects of late Filing

The law provides that failure to properly file Form I-751 means the termination of the alien’s conditional residence. In practice however, USCIS does not immediately refer aliens to immigration court for removal proceedings and can accept late filings.

USCIS policy on late filings

USCIS may accept a late filed Form I-751 and agree to reschedule a missed interview for “good cause and extenuating circumstances.” The agency recognizes that “[t]he law provides for broad discretion as to what constitutes good cause and extenuating circumstances.”

Examples of “Good Cause”

Examples include but are not limited to: hospitalization, long term illness, death of a family member, the recent birth of a child (particularly if there were complications), and a family member on active duty with the U.S. military.