In January 2023, USCIS extended the validity of green cards (also known as Permanent Resident Cards) for 48 months beyond the card’s expiration date.
If you obtained green card status through marriage, then you must use form I-751 to request that USCIS remove conditions from your residence. You are asking USCIS to issue you with a 10-year green card.
If you have dependent children who acquired their conditional residence status on the same day as you or within 90 days, you can include your children within you I-751 form to have their conditions removed also.
Must I file I-751 with my spouse:
If you are still married, then you file form I-751 jointly with your spouse that petitioned for your conditional status. You can file without your spouse if:
- Your spouse died
- Your marriage was later terminated due to divorce or annulment
- You have been battered or subject to extreme cruelty by your spouse/parent (VAWA)
- If your status were terminated and removal from the States would cause you extreme hardship
Consequences of late filing an I-751 petition:
USCIS will place you in removal/deportation proceedings. USCIS has jurisdiction not an immigration judge.
Late filing request: if you failed to file through no fault of your own, we file these cases with a written explanation and support evidence and request USCIS forgive your late filing. We do sometimes have to argue persuasively and have had very good results in securing approvals.
Can you file a US citizenship (N400) petition while an I-751 case is pending:
Yes, you can. We encourage our clients to file an I-751 immediately when they are eligible to file and once filed and pending and they are eligible to file for US citizenship we file this. NOTE: If you married a US citizen and received a green card, from the beginning of the green card issuance, count 2 years and 9 months. From this date you are eligible to file for you US Citizenship (you do not have to wait 4 years and 9 months).
We our office files an I-751 removal of conditions on residence petition we provide relevant support documentation to ensure the adjudicating officer not only approves, but does so quickly for our clients.
