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630-392-8101 | 630-392-8101
info@kasturilaw.com
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Need an Immigration Attorney for Your I-751 Petition in Illinois?

At Kasturi Law, LLC, Shobhana Kasturi, our Naperville and Schaumburg immigration and nationality law attorney and law firm founder, represents clients in DuPage, Cook, and Will Counties throughout Illinois and nationwide.

Shobhana is a proud first-generation immigrant who practices immigration law to give a voice to those who most need it — petitioning to remove conditions on residence through the I-751 form.

What is Conditional Permanent Residence in the United States?

In certain situations, such as when a marriage is less than two years old and when the individual becomes a lawful permanent resident, the individual is granted conditional permanent resident status, valid for two years.

A judge's gavel with an American flag background, symbolizing an I-751 petition for immigration.

What is Form I-751?

Form I-751 is an important step in the immigration process for individuals who obtain conditional permanent resident status through marriage. It allows them to secure permanent residency in the United States.

Conditional permanent residents use this form to apply for removal of the conditions on their residence and obtain a permanent green card.

When Can a Petitioner File Form I-751?

Form I-751 must typically be filed within 90 days, immediately before the conditional residence expires. If the individual fails to file the petition within this time frame, they could lose their immigration status and may be subject to removal from the United States.

What Documents Do I Need to File Form I-751?

Along with Form I-751, applicants must submit evidence to demonstrate that the marriage upon which their conditional residency was based was entered into in good faith and was not to evade immigration laws. This evidence may include documents showing joint finances, shared residence, and other evidence of a bona fide marriage.

In some cases, applicants may be required to attend an interview with U.S. Citizenship and Immigration Services (USCIS) as part of the I-751 adjudication process. The interview aims to verify the marriage’s authenticity and the supporting documentation submitted with the petition.

Once USCIS approves the Form I-751 petition, the conditional resident status is removed, and the individual receives a permanent green card, granting them permanent lawful residence in the United States.

Are There Waiver-Based I-751 Petitions to Remove Conditions on U.S. Residency?

Typically, Form I-751 is filed jointly by both spouses within 90 days before the expiration of the conditional green card. However, in certain circumstances, the conditional resident may be eligible to request a waiver of the joint filing requirement.

Waiver-based Form I-751 cases refer to situations where the conditional permanent resident seeks to remove their residency conditions without their spouse’s participation or cooperation.

There are generally two types of waivers available for Form I-751 cases:

  • Waiver Based on Divorce or Annulment

If the marriage has ended in divorce or annulment, the conditional resident may request a waiver of the joint filing requirement. In such cases, the individual must provide evidence that the marriage was entered into in good faith but was terminated through divorce or annulment before the residency conditions could be removed.

  • Waiver Based on Abuse or Extreme Hardship

If the conditional resident has been subjected to abuse or extreme hardship by their U.S. citizen or permanent resident spouse, they may be eligible to request a waiver of the joint filing requirement.

This waiver is available under the Violence Against Women Act (VAWA) provisions or based on extreme hardship to the conditional resident if they were to be removed from the United States.

In both waiver-based I-751 cases, the conditional resident must provide evidence to support their request for a waiver. This evidence may include documentation of the divorce or annulment, evidence of abuse or extreme hardship, and other relevant supporting documents.

Our immigration attorneys also focus on the following areas:

Do You Need Help with an I-751 Petition or a Waiver-Based I-751 Petition?

At Kasturi Law, LLC, our immigration practice is driven by the desire to give a voice to those who most need it, including those seeking I-751 petitions and waiver-based I-751 petitions.

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you confidently move forward.

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