Guide to Removing Conditions on Permanent Residence

Step-by-Step Guide to Form I-751

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Understanding the I-751 Petition to Remove Conditions on Permanent Residence

If you obtained your conditional residence status through marriage to a U.S. citizen or permanent resident, you must apply to the USCIS to remove the conditions on your residence. Once your petition is approved, you will be granted a 10-year permanent resident card.

Who May File

You will file this petition jointly with your spouse if you are still married.

If you and your spouse are no longer together, you may be eligible to file for a waiver as long as you can show that the marriage was entered into in good faith.

Timing

You must file during the 90 days prior to the second anniversary of the date that you obtained your conditional permanent residence status. For most people, this anniversary is the same as the expiry date on their green card.

If you are requesting a waiver for the joint filing requirement, then you may file any time after your conditional residence is granted.

Tip: File as soon as you become eligible. If you do not file, you will lose your status and could be removed from the U.S. The USCIS may excuse a late filing due to extraordinary circumstances, but you will have to provide a written explanation with your petition.

Initial Evidence

The following documentation is required to complete the petition. Note that photocopies of documents are acceptable unless an original document is specifically requested.

Be careful not to send originals if you need them back. The USCIS will keep any original documents that you submit even if the original was not requested.

  • Permanent Resident Card: Provide a copy of the front and back of your permanent resident card, and copies of your children’s cards if you are including them in your petition.

  • Evidence to Support Your Relationship: Include evidence of the relationship to show that the marriage was entered in good faith. This can include birth certificates of any children born to the marriage, financial records such as joint bank accounts, joint tax returns, insurance policies or loans, and any lease or mortgage contracts showing that you share a residence.

Additional Documentation

  • Requesting a waiver: If you cannot file jointly with your spouse, you must provide evidence to support your request for a waiver. Depending on your situation, this may include a divorce decree or annulment record or a death certificate. If you left due to abuse or cruelty, evidence may include copies of police reports, medical reports, or other legal documents. Children filing separately from a parent must provide supporting documentation explaining the situation.

  • Criminal History: Include copies of statements or court records if you have ever been arrested or detained by any law enforcement for any reason, whether or not charges were filed, or if you have ever been placed in an alternative sentencing or rehabilitative program. You do not need to provide records for traffic-related incidents if alcohol and drugs were not involved.

  • Translations: All foreign language documents must be accompanied by a full English translation by a certified translator.

Assembling the Petition

  • Complete Form I-751.

  • Attach a cover letter.

  • Include the Fee. There are two fees: the filing form fee and biometrics fee. Check the current fee schedule to ensure you’re sending the correct amount.

Mailing the Petition

Address your petition to the service center that serves your geographic region.

Petitioners who live in the following states or territories should file their Form I-751 with the California Service Center (CSC): Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming.

The mailing address for CSC is:

USCIS California Service Center
P.O. Box 10751
Laguna Niguel, California 92607-0751

Petitioners who live in the following states or territories should file their form I-751 with the Vermont Service Center (VSC): Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, and West Virginia. The mailing address for VSC is:

USCIS Vermont Service Center
75 Lower Welden St.
St. Albans, Vermont 05479-0001

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Your Citation
McFadyen, Jennifer. "Guide to Removing Conditions on Permanent Residence." ThoughtCo, Dec. 4, 2014, thoughtco.com/removing-conditions-on-permanent-residence-1951566. McFadyen, Jennifer. (2014, December 4). Guide to Removing Conditions on Permanent Residence. Retrieved from https://www.thoughtco.com/removing-conditions-on-permanent-residence-1951566 McFadyen, Jennifer. "Guide to Removing Conditions on Permanent Residence." ThoughtCo. https://www.thoughtco.com/removing-conditions-on-permanent-residence-1951566 (accessed November 21, 2017).