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Call Us Today

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

Our Naperville immigration and nationality law attorney at Kasturi Law, LLC, knows when someone obtains lawful permanent resident status (green card) through marriage to a U.S. citizen or lawful permanent resident and that marriage is less than two years old when the green card is granted, the green card is initially issued as “conditional.” This condition ensures the marriage is legitimate and not solely for immigration purposes.

Filing Form I-751

Conditional permanent residents use form I-751 to request the removal of the conditions on their residence.

Officially known as the “Petition to Remove Conditions on Residence,” the I-751 form must be filed within 90 days before the conditional green card expires. This is typically done jointly with their spouse, and they must provide evidence that the marriage was entered into in good faith and is not fraudulent.

However, there are exceptions where the conditional resident may file Form I-751 alone, including if they are divorced from their spouse, if they are a widow or widower, or if they have experienced abuse or extreme hardship in the marriage.

Here, we discuss the process for filing form I-751 to obtain permanent resident status without conditions.

What is the Best Way to Successfully File an I-751 Form?

Before filing Form I-751, ensure you meet the eligibility criteria. You must be a conditional permanent resident (green card holder) based on marriage to a U.S. citizen or lawful permanent resident, and your conditional residence must expire within the next 90 days.

If you are eligible:

  • Gather all necessary documents to support your petition.

This includes evidence of your marriage, including joint financial documents, property ownership records, lease agreements, birth certificates of any children born to the marriage, and other relevant documentation that demonstrates the authenticity of your relationship.

  • Fill out Form I-751 wholly and accurately.

Fill out all the required information on Form I-175, and sign and date the form where indicated. If you file jointly with your spouse, you both must sign the form.

  • Include the appropriate filing fee with your Form I-751.

According to the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule, the filing fee for Form I-751 was $595, plus an $85 biometric services fee for each conditional resident included in the petition.

  • Mail your completed Form I-751, all required supporting documents, and the filing fee to the appropriate USCIS address.

Make sure to use the correct mailing address based on your state of residence.

In Illinois, that address is:

USCIS

Attn: I-751

P.O. Box 4072

Carol Stream, IL  60197-4072

  • Biometrics appointment notice.

After USCIS receives your Form I-751, you will be scheduled for a biometrics appointment to provide fingerprints, photographs, and signatures. USCIS will mail you a notice with the date, time, and location of your biometrics appointment.

Attend your scheduled biometrics appointment at the designated USCIS Application Support Center (ASC). Bring the appointment notice and valid identification documents with you to the appointment.

What Happens After the I-751 Filing Process is Completed?

After completing the biometrics appointment, USCIS will review your petition and supporting documents. If additional information or evidence is needed, USCIS may request it from you. Once the review process is complete, USCIS will decide on your petition and notify you of the outcome.

If your Form I-751 petition is approved, USCIS will mail you a permanent green card without conditions. This grants you permanent resident status in the United States.

Can I File a Form I-751 After My Two-Year Green Card Expires?

If your conditional green card has expired, you should file Form I-751 immediately. You may also include a written explanation for the delayed filing. USCIS may accept the late filing if you demonstrate good cause for the delay, like medical emergencies, family emergencies, or other extenuating circumstances.

However, it is essential to understand that filing Form I-751 after your conditional green card expires puts you at risk of being considered out of status until USCIS resolves your petition. You may not have valid authorization to work or travel internationally during this time.

Contact Our Immigration Attorney Today For Consultation

If you have questions about your conditional green card or how to properly file Form I-751 — before or after it has expired — contact us today to learn how our Illinois immigration attorney can help you. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options so you can make informed decisions about your immigration journey.