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Processing Times for I-751

Processing Times for I-751

What is the usual turnaround time for having the I-751 application approved? For example, my husband and I filed together on May 30, 2008, to the Vermont Center. Will it take a year? More than a year? Or less?
— Anonymous

Unfortunately, there is no accurate timetable for the processing of Form I-751, Petition to Remove Conditions from Residence. You can go to www.uscis.gov to look up the processing time chart for I-751 petitions, but it is an unreliable source for the processing times because it is infrequently updated.

Assuming you and your spouse properly filed the form, you should have received a receipt notice. The receipt notice will state that your spouse’s residency has been extended for one year. That receipt notice is evidence that your spouse is authorized to work and travel for one year. It essentially takes the place of the conditional green card that expired. Your spouse will then receive a notice to appear at an Application Support Center (ASC) for Biometrics. There are several actions that may occur. Your spouse may receive his new, 10-year green card in the mail without an interview or without a request for documentation. Or, you and your spouse may receive a Request for Evidence if the United States Citizenship and Immigration Service (USCIS) requires more documentation before it can make a decision. Or, you and your spouse may receive an interview notice to appear at your local office for an interview. The processing times are constantly changing because the case backlog is constantly changing.

It takes approximately a year (in some cases 6 months and in others more than a year) to receive any correspondence from USCIS. It is important to note that even if your spouse does not receive a decision within a year from filing the I-751 petition, he is still eligible to apply for Naturalization two years and nine months from the date he was initially granted his conditional resident status. Of course, he will have to prove to USCIS that he is still married to and residing with his spouse. If you have questions about the I-751 process and/or about filing for citizenship, it would be wise for you to consult with an experienced immigration attorney so you can learn about all of your options.

Michael Shane and Evan Shane, Immigration Attorneys

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