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Removal of Conditions for Spouses of US Citizens or Lawful Permanent Residents (even if separated) [I-751]
Many immigrants receive a Conditional Lawful Permanent Resident Card/Green Card, which cannot be renewed, valid for only two years on the basis of marriage to a U.S. citizen or lawful permanent resident, or after being admitted to the U.S. as a fiancé of a U.S. Citizen and then marrying upon arrival. This applies to the spouse (and his/her children) of the U.S. Citizen/Lawful Permanent Resident.
In these cases you must file a petition to remove the conditions on your permanent resident status or risk losing your lawful status.
In general, you must file with your spouse within 90 days of your two-year Lawful Permanent Resident Card/Green Card expiring. If you do not file on time, USCIS may automatically terminate your status and issue you a Notice to Appear (NTA). You do not want this to happen to you.
Sometimes, despite entering a marriage with the best intent, a marriage may end. In this case you cannot apply to remove the conditions on your status with your spouse.
However, you may have options to remove conditions on your own if:
- You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
- You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment;
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;
- Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or
- Termination of your status and removal from the United States would result in extreme hardship.
Julianne works with Clients in all of the above situations to help make removing conditions as easy as possible.
Removal of Conditions FAQs
When can I file my I-751 Petition?
If you are filing jointly you must file within the 90 day period before your conditional status expires. If you are filing based on other categories, such as you and your spouse are no longer married, your spouse died, or at limited other times you can file at any time before your conditional status expires.
How long is my Lawful Permanent Resident Card (“Green Card”) extended for if I file my I-751 timely and properly?
In early 2023 USCIS extended validity to 48 months from the date of your Lawful Permanent Resident Card’s expiration date if your I-751 is filed timely and properly. Please review my blog post on the update here!
When can I file my I-751 Petition?
If you are filing jointly you must file within the 90 day period before your conditional status expires. If you are filing based on other categories, such as you and your spouse are no longer married, your spouse died, or at limited other times you can file at any time before your conditional status expires.
What if I am in the process of a divorce but it is not finished, when can I file my I-751 Petition?
Generally USCIS will not accept an I-751 being filed based on divorce and hardship if the divorce is not final. However, this is a tricky situation and it is very important you speak to a licensed Attorney to guide you, as it is possible to file your I-751 before your divorce is final but timing and the evidence you provide is absolutely vital.
Do I need to hire an attorney to file my I-751 Petition?
No! You can apply without an attorney. However, many applicants run into issues by making simple mistakes, or not understanding how a wide range of topics may impact an application. As a result having an attorney support your journey can be invaluable giving you security everything is being done correctly.
Is it very expensive to hire an attorney to represent me with my I-751 Petition?
Attorneys charge a wide range of fees for various levels of service. Julianne’s fee is generally in a range from $950.00 (filed Jointly or there has been a Death of Your Spouse) to $1,250.00 (Currently Divorced), based on the circumstances you are filing under listed above, and other relevant factors.
What does Julianne’s fee include?
Fee includes preparation of I-751, preparation of evidence list, review & formatting of all evidence, assistance with Affidavits, formatting/submission to USCIS, and responses to requests for evidence if applicable.
If I hire an immigration attorney for my I-751 petition does the attorney need to live in the state I plan to move to?
No! When it comes to immigration your attorney can be licensed by any U.S. State living anywhere, just be sure they are licensed and in good standing in the state of licensure.
How much is a Consultation with New York Licensed Immigration Attorney Julianne M. Kinsey?
A full telephone consultation is typically $150.00, if you hire Julianne for full representation this will be applied to reducing the total fee due for representation. You can also use the consultation if you have questions about your eligibility, potential issues, or anything I-751 related.
How do I schedule a consultation?
Please fill out and submit this contact form, and you will be redirected to a page with a link for scheduling and directions for payment.
