Understanding Form I-751: Removing Conditions on Green Card
If you have a conditional green card, after two years you’ll need to remove the conditions in order to keep your status. Here’s how.
Some green cards are issued for only two years. Their holders, known as “conditional permanent residents,” must petition to remove the conditions on their green card within the 90-day period before it expires.
If your green card is based on marriage or your entrepreneurship, you may have conditions on your permanent resident status. Removing conditions on these green cards before they expire is crucial to maintaining your permanent resident status and avoiding deportation.
If your green card was based on your marriage and you were married less than two years when you got it, you must properly file Form I-751, Petition to Remove Conditions on Residence to remove the conditions on it, but you should not do this alone. You should consult with an experienced immigration attorney. Removing conditions on a green card can be complicated and there’s a lot of information to cover.
In this guide, we specifically address removing conditions on marriage-based green cards.
Table of Contents
Google Review – Abhishek C.
Request A Free Consultation Today!
Don't risk your future by navigating immigration complexities and processes alone. Trust an immigration attorney for guidance.
Immigrants That Have Conditional Permanent Resident Status Based on Marriage
A conditional permanent resident is an immigrant with a green card that comes with a two-year conditional period.
These permanent residents have all the rights as other immigrants, including the right to work in the U.S., but their status remains conditional until after U.S. Citizenship and Immigration Services (USCIS) removes the conditions.
For marriage-based conditional permanent residents, the process begins by filing a Form I-751 petition.
If an immigrant gets a green card through marriage and they were married for less than two years when their green card was issued, their lawful permanent resident status comes with conditions. This is true whether you were admitted on an immigrant visa through consular processing or adjusted your status.
Eligibility for Form I-751, Petition to Remove Conditions on Residence
Marriage-based conditional permanent residents usually must jointly file Form I-751 with their spouse (or stepparent). Under certain circumstances, you may be entitled to file Form I-751 without your spouse (or stepparent).
USCIS may allow you to petition on your own if you are in one of the following situations:
- Your spouse (or stepparent) died, and the marriage was entered into in good faith
- You married in good faith, but the marriage was annulled or ended in divorce
- You married in good faith, but you or your child were abused by your spouse
- Your parent married your stepparent in good faith, but you were abused by your parent or stepparent
- You would suffer extreme hardship if your permanent resident status were revoked causing your removal from the country
If you are in one of the situations that may allow you to file on your own, you must apply for a waiver. Your attorney can help you apply for a waiver and present your supportive evidence.
Get The Immigration Help You Deserve And Request A Consultation Today!
How to Remove Conditions on Green Card That Are Based on Marriage
If you fail to file to remove conditions on your green card on time, you could face removal.
When your I-751 petition is finally approved, you will have a 10-year green card.
Although immigration may be complicated with many hoops to jump through, it’s well worth the effort.
Given this, it’s crucial to file the petition on time and properly.
Besides filing on time and properly, taking time to gather and submit your supporting documentation is also critical to the approval of a 10-year green card.
The burden is on you to prove that your marriage is a bona fide marriage. Your attorney will help make sure you have enough supporting evidence.
Submit Supporting Documentation
As with your immigrant visa petition, you should submit all supportive documents listed on the filing instructions as well as copies of any supporting documents requested by officials. Keep in mind, just as with your immigrant visa petition, any document containing a language other than English must be submitted with a certified translation.
Initial evidence requested by USCIS includes the following:
- A copy of the front and back of your permanent resident card (and those of the children included on your petition)
- Evidence of the relationship proving you are in a bona fide marriage such as the birth certificates of children born during your marriage, leases or mortgage contracts, financial records, etc.
- A record of any criminal history
Get The Immigration Help You Deserve And Request A Consultation Today!
Mail Your Petition to Remove Conditions on Residence to USCIS
For now, Form I-751 can’t be submitted online. Your petition, supporting documents, and payment (if applicable) must be mailed to a USCIS Lockbox. Your attorney will mail the entire packet to the proper USCIS Lockbox. There are two USCIS Lockboxes used for removing conditions on marriage-based green cards at this time.
Your packet should go to the USCIS Elgin Lockbox if you are in one of the following locations:
- Connecticut
- Florida
- Georgia
- Guam
- Illinois
- Indiana
- Maine
- Maryland
- Massachusetts
- Michigan
- New Hampshire
- New Jersey
- New York
- Ohio
- Pennsylvania
- Rhode Island
- South Carolina
- Vermont
- Wisconsin
To send your packet to the Elgin Lockbox by U.S. Postal Service, your attorney will use this address:
USCIS
Attn: I-751
P.O. Box 4072
Carol Stream, IL 60197-4072
To send your packet to the Elgin Lockbox by FedEx, UPS, or DHL, your attorney will use this address:
USCIS
Attn: I-751 (Box 4072)
2500 Westfield Drive
Elgin, IL 60124-7836
Your packet should go to the USCIS Phoenix Lockbox if you are in one of the following locations:
- Alabama
- Alaska
- American Samoa
- Arizona
- Arkansas
- Armed Forces Europe
- Armed Forces Pacific
- Armed Forces Americas
- California
- Colorado
- Commonwealth of the Northern Mariana Islands
- Delaware
- District of Columbia
- Hawaii
- Idaho
- Iowa
- Kansas
- Kentucky
- Louisiana
- Marshall Islands
- Micronesia
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Mexico
- No State
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- Palau
- Puerto Rico
- South Dakota
- Tennessee
- Texas
- S. Virgin Islands
- Utah
- Virginia
- Washington
- West Virginia
- Wyoming
To send your packet to the Phoenix Lockbox by U.S. Postal Service, your attorney will use this address:
USCIS
Attn: I-751
P.O. Box 21200
Phoenix, AZ 85036-1200
To send your packet to the Phoenix Lockbox by FedEx, UPS, or DHL, your attorney will use this address:
USCIS
Attn: I-751 (Box 21200)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
Pay Any Required Fees
The cost of filing petitions with USCIS can vary, so the agency maintains a Fee Calculator online. You should include the amount of the Form I-751 fee in your filing package with your petition and supporting documents. You can pay by credit card using Form G-1450, Authorization for Credit Card Transactions or with a check made payable to the U.S. Department of Homeland Security.
Attend Any Scheduled Appointment
USCIS may need you to come in for another interview and may request a biometrics appointment at any time. The agency will send you a notice with the time, date, and location of any appointment they schedule. It’s imperative that you attend appointments scheduled by USCIS.
Get The Immigration Help You Deserve And Request A Consultation Today!
Frequently Asked Questions About Form I-751
To remove conditions on green card, process times can vary. Typically, you should expect a decision within 12 to 24 months.
You should file your petition during the 90-day period before your green card expires, because if your green card expires and you haven’t submitted your petition, you lose your status and become removable from the country. While it is possible to file late, it becomes exceedingly more difficult.
The reality is that if you haven’t petitioned to remove conditions by the expiration date printed on your card, you risk removal (deportation).
Your two years living in the country as a conditional permanent resident count towards the continuous residence requirement for the purpose of seeking citizenship. In January 2023, USCIS extended the validity of Permanent Resident Cards for 48 months beyond the card’s expiration date due to concerns over processing times of some petitions.
So, if your Form I-751 approval is among those delayed and you have become eligible for naturalization, you may apply for citizenship using Form N-400. Sometimes, USCIS will even combine your I-751 and N-400 interviews.
Choose an Experienced Immigration Attorney
Navigating through the process of family-based immigration requires an experienced immigration attorney who offers personalized support.
If you are in the DFW area, contact Din Law Group for help filing Form I-751 or more complex issues.
Asma Din is the child of immigrants and understands the anxiety immigrants face.
