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See all posts Frank GogolForm I-751: What You Need to Know
Are you a conditional permanent resident of the US, and want to achieve an unconditional permanent resident status? This article is for you. In here, we will have a closer look at how you can achieve a permanent resident status without any conditions. We will also understand the form I-751 in detail.
What is Form I-751?
For starters, the Form I-751 is nothing but a petition through which one can remove any conditions imposed on their permanent resident status. If you are a conditional resident of the US, maybe because either you or your parent married to a US citizen, you attain a conditional permanent resident status which lasts for 2 years. As the end of these 2 years nears, it is necessary to use Form I-751 to get the imposed conditions removed from your status.
Who is Eligible for Form I-751?
Truth be told, not all are eligible to file the Form I-751. More often than not, the unconditional permanent resident status can only be achieved based on the marriage if:
- You are married to a US citizen to the same person after two years. You can also include your children in the application if they also received their conditional status at the same time or within 90 days as you did
- ·You are a child whose parent married to a US citizen and you cannot be included in your parent’s application due to some valid reason
- You are a widow/widower in good faith
- You got married in good faith but your child or you are subjected to constant pressure by your spouse who is a permanent US resident
Documents Required for I-751
To remove your conditional permanent resident status, you are required to produce certain documents along with I-751. These documents include:
- Proof of a happy and good faith marriage
- A Xerox copy of your green card or Alien Registration card
- A court order indicating the name change, if you have got your name changed after marriage
- · Documents related to crime or drug history, only if you are somehow related to such acts. It is highly recommended to take the help of a lawyer while producing any documents related to these acts as this might impact your chances of attaining a green card
- · Documents supporting a waiver of the joint filing requirement, if you are requesting
How to Complete Form I-751
Form I-751 can be easily filled on your computer, and that’s the best way to go with it. However, if you want to fill it manually, it is highly recommended to use black ink to fill the form. Wherever required, you must sign by using black ink manually. Do not use a stamp and avoid writing down your name when asked to sign.
Part 1: Information About You, the Conditional Resident
This section is all about your biographical information. In question 9, you are required to provide a USCIS Online Account Number. Leave this blank if you don’t have one.
In question 12, you are required to provide the place of marriage – city, state, the country where the marriage took place.
Part 2: Biographic Information
This section wants to know more about you. If you are a Hispanic/Latino or the like, check the required boxes. You will be asked about your ethnicity and race as well.
Part 3: Basis for Petition
In this section, you need to tell more about the basis on which you are filing the petition. If you are still married and your US spouse is helping you in the process of attaining a permanent resident status, indicate that in the boxes that follow.
Part 4: Information about the US Citizen or Lawful Permanent Resident Spouse
In here, you are required to talk about the person who helped you in getting the conditional permanent resident status.
Part 5: Information about Your Children
If you have a child, make sure that you check the yes box in question 5. This way, you won’t need to apply for the conditioner green card for your child separately.
Part 6: Accommodation for Individuals with Disabilities and/or Impairments
If you are disabled and need special accommodations at your interview, like a sign-language interpreter, it is essential that you indicate that here.
Part 7: Petitioner’s Information
You are required to provide accurate information in this section. This will help USCIS to follow up with you, in case, if needed.
Part 8: Information for (Spouse or Individual Listed in Part 4)
In here, your immigrant spouse will need to sign. They will also need to provide their name in the box.
How Much Does I-751 Cost?
You need to pay $595 as the filing fee. Additionally, you are also required to pay an additional $85 as a biometric service fee for each person who is applying with you to remove conditions from their conditional permanent resident status, like your children.
The fee can be paid as a personal check, cashier’s check or a money order. Additionally, you can also the required fee by credit card, whatever is a convenient option for you.
Form I-751 Processing Time
The actual processing time of Form I-751 could vary depending on the number of applications received, the USCIS office you have submitted the application to. The processing time could also depend on the accuracy of the information that you have provided.
Receipt of Application
If your Form I-751 was properly filled, you will receive a communication from USCIS in the form of a letter which will confirm the receipt of your petition. This will take around 3-5 weeks after filing.
If the form was not filled properly, you will receive a Notice of Action stating the rejection of the petition. Alternatively, they might also ask you to provide additional evidence. This can delay the entire process. This is why it is highly recommended to fill the form correctly the first time.
Appointment Notice for Biometrics
You will next receive an appointment notice for biometrics stating the biometrics appointment date, location, and time. You will receive this communication approximately after 5 to 7 weeks of filing.
Biometrics Appointment
Also called as a biometrics screening, biometrics appointment is a short appointment which lasts for around 30 minutes in which your fingerprints, photograph, and signature are collected. Ideally, this appointment is scheduled 6 to 9 weeks after filing I-751.
Request for Evidence
If you have provided all the details correctly, and have submitted adequate bona fide marriage, the chances are high that you won’t receive a request for evidence. However, if that’s not the case, you will be contacted to provide additional evidence some 1 to 6 months after filing.
Request for Interview
If everything goes as planned, you will be called for an interview approximately 5 to 9 months after filing. However, this interview process is waived for joint petitioners with strong evidence of a good faith marriage.
Get Your 10-Year Green Card
Once your application has been fully reviewed, and a decision is taken by USCIS, and if your application is approved, you will receive a 10-year green card. However, if the petition is denied, you will receive a mail from the USCIS explaining the reasons behind the rejection.
Conclusion
The entire process of changing your status from conditional permanent resident to unconditional permanent resident is overwhelming and exhaustive. This is the reason why it is recommended to understand the entire process thoroughly and fill the Form I-751 with utmost accuracy.