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Removal of Conditions - Marriage Based - Frequently Asked Questions


What are the documents required if I apply for Removal of Conditions as a child filing separately from my parents?

The documents required are:

  • Form I-751, Petition to Remove the Conditions on Residence
  • Copy of Form I-551, Permanent Resident Card
  • A written explanation of why you are filing separately from your parents, and any supporting documentation

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What happens if I am late in filing my Removal of Conditions petition?

If you fail to properly file Form I-751, Petition to Remove the Conditions on Residence within the 90 day period before your second anniversary as a conditional resident:

  • Your conditional resident status will automatically be terminated and the Service will order removal proceedings against you
  • You will receive a notice from the Service telling you that you have failed to remove the conditions
  • You will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements. The Service is not responsible for proving that you did not comply with the requirements
  • Form I-751, Petition to Remove the Conditions on Residence can be filed after the 90 day period if you can prove in writing to the director of the Regional Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status
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