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When to file Form I-751

What is an I-751?

Form I-75I is a Petition to Remove Conditions on Residence.  “Conditional” lawful permanent status is given to an individual who is married to his or her spouse for less than two years at the time the lawful permanent resident status is granted.  The Form I-751 is required to be filed in order for the USCIS (U.S. Citizenship and Immigration Services) to remove the conditions on his or her residence.

 I-751 Timeline

 When to file your I-751 depends on your status and how you plan to file:

  1. If filing jointly with your spouse, you must do so during the 90-day period before your conditional residence expires.
  2. You may qualify to have the joint filing requirement waved.  For instance, you may file individually if your spouse is deceased, you are divorced even though your marriage was entered into in good faith, you and/or your child (who must also be a conditional resident) were battered or subjected to extreme cruelty, or you would suffer extreme hardship.  In a waiver case, the I-751 petition may be filed any time after you are granted conditional resident status, but before removal from the U.S.

What happens if I file my I-751 late, or don’t file it at all?

*If you do not file this petition, you will automatically lose permanent resident status and you will be removable from the country.

NOTE: You may file a late I-751 joint petition with a written explanation about why it was not timely filed.  The untimely filing may be excused if the length of the delay was reasonable and you can demonstrate why the delay was caused by extraordinary circumstances beyond your control.

What if my I-751 is denied?

For more information on I-751 denials, please review our previous blog on the topic.

Questions about Form I-751

This blog gives a very brief overview of I-751 petitions.  However, this can be a very complex process. The attorneys at Shane, Shane and Brauwerman have lectured on this very topic to hundreds of immigration attorneys on numerous occasions.  Anyone having to file an I-751 petition would be well-advised to engage a qualified immigration attorney.

Shane, Shane & Brauwerman has helped numerous clients navigate this complicated and serious procedure, and will ensure that you proceed with the best course of action for you and your family. Give us a call us today and schedule your consultation, so you can rest easy.

View our other I-751 blog posts:

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