What Are the Conditions? What Are the Eligibility Requirements to File Form I-751?

by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.


If you are a conditional permanent resident in the United States through marriage to a U.S. citizen or engagement to a U.S. citizen, then you will need to file a petition to remove the conditions on your permanent resident status.  As a conditional permanent resident through marriage or planned matrimony, your permanent resident status is only valid for two years and you cannot renew this status.  To avoid loss of your permanent resident status, you will need to file a Form I-751, seeking removal of the conditionality of your status.  Much confusion surrounds Form I-751, especially if complications exist with the marriage.  Our green card through family immigration lawyers explore Form I-751 and its eligibility requirements below.

Why Must I File a Form I-751?

Your conditional permanent resident status based upon marriage is just that—CONDITIONAL. If you fail to file a Form I-751 or seek a different status for which you are eligible, then your legality in the U.S. will end.  You have two years within which to file a Form I-751 petition.  In cases in which the petition is not filed within this time frame, then the conditional permanent resident’s status will lapse and the individual will be deemed illegal.  You could be subject to removal.  Accordingly, it is of critical importance for you to take action to continue to maintain your lawful presence in the U.S.

Eligibility for Form I-751.

To file a Form I-751 and successfully remove the conditions on your conditional permanent resident status, you will need to meet one of the following circumstances:

  • You are still married to the person through whom your conditional resident status was granted, in which case a joint petition should be filed by the resident and his or her spouse;
  • You married your spouse in good faith, but he or she has since passed away;
  • You married your spouse with good intentions, but you later divorced;
  • You are still married to your spouse, but you have experienced physical or psychological abuse; or
  • You are a child who received conditional resident status based on your parent, and now cannot be included on your parent’s application.

Time to File a Form I-751.

You will need to file a joint Form I-751 within 90 days before your conditional resident status expires. From time to time the USCIS will send a notice that tells you to file the I-751.  You may be allowed to file late if you can show “extenuating circumstances”.  You can request waiver of the joint petition requirement if your spouse is deceased, the marriage was terminated, or you are the victim of abuse.  Contact our experienced and client-oriented immigration lawyers at NPZ Law Group, P.C. for more assistance with your Form I-751.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). For more up-to-date immigration and nationality law information you can also visit our Law Firm’s website at www.visaserve.com.


About The Author

David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.

Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York.

Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.

Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.