What Is an I-751 Petition?

I’m often asked, “What is an I-751 petition?” An I-751 petition is a petition to remove the conditions on your green card. If you were married for less than two years when you originally got your green card, then it is a conditional card. The condition is you stay married. In two years, after you get your original green card, immigration wants to see that you’re still married to your spouse. What I generally suggest to my clients is after you get your conditional residence, you continue to save documentation to show that you are still living together, sharing your finances, your life together, trips, etc.

You then file the 751 with as much documentation as possible with immigration. That petition goes to immigration by mail, and generally it’s adjudicated by mail in about eight months. They will either request more evidence, which is very common because the petition has been sitting there for eight months to see whether or not you are still married and living together, and/or they can call you in for an interview. Essentially the 751 is to prove to immigration that you’re still living in a marital union and the marriage is still bona fide. If you have questions about your 751 or there are other issues that come up during the course of the two years after you get your conditional residence, it’s important that you call my office and we’d be happy to discuss your situation with you.

Contact the Law Office of Cheryl David to set up a free initial consultation. Cheryl David is an experienced immigration attorney in NYC and would be happy to help your current immigration situation.