The I-751 petition, known as the petition to remove conditional resident status, is an application that is required by USCIS to determine whether an application or a resident status based on a Green Card has been valid for the two-year period. Immigration requires submission of documentation and any other evidence during the course of the two-year period to show that the couple has lived in a bona fide marital relationship. If the application is approved, an applicant will receive a permanent Green Card that is valid for 10 years. You must file your I-751 petition 90 days before the expiration date of your conditional residency. If you do not file this form within the allotted timeframe, you will lose your status as a permanent resident and may be removed from the United States two years after the date that you were granted conditional residency. However, if you were unable to file your I-751 form due to circumstances that were out of your control, you can write an explanation of your situation to the USCIS requesting to file this form late.
There are particular circumstances in which a person may file Form I-751 without their spouse. These include a good faith marriage but the death of your spouse, a good faith marriage that came to an end later because of divorce, a marriage in which your spouse has abused you, if your removal from the United States would result in “extreme hardship,” and if your parent who is a conditional resident has abused you. If the person filing the I-751 form is under the age of 14, their legal guardian may sign the petition for them.
If you are in need of experienced legal counsel for matters of immigration, please contact the Law Offices of Salvatore A. Falletta, LLC.