The USCIS 751 is actually a form that can be used as a petition by any person who is a conditional permanent resident of the U.S. and who is married a U.S citizen, for the purpose of removing the conditionality of their status. The petition is referred to as Form I-751 and is filed for approval with the U.S Citizenship and Immigration Services (USCIS), thereby acquiring the name USCIS 751.
The Relevance of USCIS 751
The filing of I-751 form with the USCIS is applicable to those who are already permanent residents of the U.S. but the status of the residency is conditional and valid for only 2 years. This is because they have sought to become U.S. citizens through matrimony with a U.S citizen. Such individuals can appeal to the USCIS to lift all the conditions on their resident status. Likewise, the USCIS 751 can also be filed on behalf of eligible, dependent children of conditional permanent residents.
Eligibility Criteria for Filling the I-751 Form
In order to be eligible to fill the USCIS 751 form, an individual must fit into at least one of the following criteria:
- He/she should still be married to the person through whom the conditional status was attained. In this situation, a joint petition must be filed by the conditional resident and his/her resident spouse.
- He/she married a U.S citizen in good faith, but the spouse died soon after that.
- He/she married with clear intentions, but the alliance got terminated later due to divorce.
- He/she married in good faith and is still married but has been subjected to physical/psychological abuse by his/her U.S citizen spouse.
- If his/her status is terminated, the consequences would be dire on him/her and would cause immense hardship for them.
The Apt Time to File Form 1-751
There also exist certain limitations on when this form should be filed. For instance, if it is to be filed jointly by the applicant and his/her U.S citizen spouse, it must be done within 90 days before completion of second and final year of the conditional residency.
Alternatively, if a conditional resident’s marriage terminates and he/she is to file Form I-751 alone with the appropriate justification, it should be done in the period between the day that the conditional permanent status was awarded and any time before the 2 year expiration date.
In case the petition is not filed within the 2 years of conditional resident status, their status will be deemed illegal and may result in deportation.
What is the Fee for Filing This Form?
The current fee is $505.00 for filing of Form I-751 with the USCIS. An additional $85 needs to be paid by each applicant as a fee for biometric services extended by the USCIS in this matter. The USCIS informs the applicants about the exact place to go to for biometrics after they pay the entire fee amount. The payments can be made either through a check or a money order of the entire amount.