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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Obtaining a green card is an essential step for many immigrants, but the journey doesn’t end there for individuals granted conditional permanent residency based on marriage. Conditional green cards are valid for only two years, and to secure permanent residency, you must file an I-751 Petition to Remove Conditions on Residence.

Navigating this process successfully is critical to maintaining your lawful status in the United States. At Kasturi Law LLC, our Illinois immigration and naturalization attorney is here to guide you through the complexities of this vital step.

Permanent Residency with an I-751 Petition

What Is a Conditional Green Card?

A conditional green card is typically issued to individuals who obtain residency through marriage to a U.S. citizen or lawful permanent resident, provided the marriage is less than two years old at the time of approval. The “conditions” prevent immigration fraud by ensuring the marriage is genuine and not solely for immigration benefits.

Why File an I-751 Petition?

The I-751 Petition is necessary to remove the conditions on your residency and transition to a permanent green card. Failing to file the petition on time can result in the loss of your status and potential removal from the United States.

Timing is critical for the I-751 Petition:

  • File within 90 days before your green card expires. Filing early may result in a rejection, while filing late can jeopardize your status unless you demonstrate good cause for the delay.
  • In certain cases, such as divorce or abuse, you may file the petition earlier with a waiver of the joint filing requirement.

How to File the I-751 Petition

The I-751 Petition is the primary form required to remove the conditions on your residency. Ensure all sections are completed accurately and honestly.

Next:

Submit Supporting Documentation

To demonstrate the legitimacy of your marriage, include evidence such as:

  • Joint bank account statements.
  • Lease or mortgage agreements showing joint tenancy.
  • Birth certificates of children born during the marriage.
  • Photographs and affidavits from family and friends attest to your relationship’s authenticity.
  • Insurance policies, utility bills, or tax returns filed jointly.

Pay the Filing Fee

The filing fee for Form I-751 is $595, along with an $85 biometric services fee. Be sure to check the USCIS website for the most current fee information.

Attend the Biometrics Appointment

USCIS will notify you of a scheduled biometrics appointment, where your fingerprints, photo, and signature will be collected for background checks.

Prepare for an Interview (if required)

In some cases, USCIS may require an interview to verify the validity of your marriage. Being well-prepared with an immigration attorney’s assistance can make a significant difference.

Once your I-751 Petition is filed, USCIS will issue a receipt notice extending your conditional green card for up to 24 months while your application is processed. You can continue to work, travel, and live in the United States during this time.

If approved, USCIS will send you a new 10-year green card, officially granting you permanent residency. If additional evidence is needed or your petition is denied, you can appeal or address the concerns with legal guidance.

Contact Our Immigration Lawyer at Kasturi Law LLC Today

If your conditional green card is nearing its expiration date or you have questions about the I-751 Petition process, contact our immigration law firm today to schedule a consultation that suits your needs. We’re here to meet you where it’s most convenient—whether in person, over the phone, or via Zoom. You can easily schedule a consultation through our online calendar, selecting a 30-minute or 60-minute session to fit your needs.