I-751 Removal of Conditions Lawyer Virginia Beach, VA
If you received your lawful permanent resident status on a conditional basis through marriage and your two-year green card is approaching its expiration, you face the critical step of filing Form I-751, Petition to Remove Conditions on Residence. The process can feel overwhelming—gathering extensive evidence of a bona fide marriage, meeting strict deadlines, and understanding waiver options if the marriage ended. A misstep can lead to termination of your status and removal proceedings. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent Virginia Beach residents in this exact scenario, helping conditional residents navigate the I-751 petition before USCIS. Reach our firm at (888) 437-7747 to schedule a consultation and discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the I-751 Removal of Conditions Process
When you obtain a green card through a marriage that is less than two years old on the date you become a lawful permanent resident, USCIS grants conditional resident status for a two-year period. To become a permanent resident without conditions, you must file Form I-751 within the 90-day window immediately before your conditional green card expires. If you are still married, you and your spouse file jointly, submitting substantial documentation that the marriage was entered in good faith and not for immigration purposes. If you are no longer marrie—because of divorce, annulment, death of your spouse, or you were subjected to battery or extreme cruelty—you may file a waiver request individually.
USCIS will review the petition and may request an in-person interview. If the petition is approved, you receive a ten-year green card and conditions are lifted. If USCIS denies your I-751, it may place you in removal proceedings before an immigration judge. For Virginia Beach residents, I-751 petitions are processed at the USCIS Washington District Office in Fairfax, Virginia, and subsequent hearings, if any, would be held at the Arlington Immigration Court. Having experienced immigration counsel throughout this process can help ensure your application is complete and properly documented to avoid unnecessary delays or a denial.
Frequently Asked Questions
What is Form I-751?
Form I-751 is the petition used by a conditional permanent resident who obtained status through marriage to request removal of the conditions on their residence. It must be filed jointly by the spouses, or individually under a waiver if the marriage has ended or the conditional resident is a victim of abuse. The petition demonstrates that the marriage was genuine and not entered into solely for immigration benefits. If approved, the conditions are lifted and the resident receives a ten-year permanent resident card.
When do I need to file Form I-751?
The I-751 must be filed within the 90-day period immediately before the second anniversary of the date you became a conditional permanent resident. Your conditional green card expires two years after that date. Filing early (more than 90 days before the expiration) will result in rejection of the petition. Filing late, after the card expires, can result in the automatic termination of your conditional resident status and initiation of removal proceedings, unless you can demonstrate good cause for the delay.
What documents are needed for an I-751 petition?
USCIS requires evidence that the marriage was entered in good faith, such as joint lease or mortgage statements, joint bank account records, birth certificates of children born of the marriage, joint tax returns, and affidavits from friends or family who can attest to the relationship. Photographs, travel records, and correspondence sent to the couple at the same address are also helpful. If filing under a waiver, you must also provide documentation establishing eligibility for the waiver, such as a divorce decree, death certificate, or evidence of battery or extreme cruelty.
What are the filing fees for Form I-751?
The total government filing fee for Form I-751 is $850, plus an $85 biometric services fee for each applicant. Fee waivers on Form I-912 are available for income-eligible applicants. Fee amounts are set by USCIS and are subject to change; always confirm the current fee schedule. Our firm can help you prepare the fee payment correctly.
The I-751 petition filing fee is $850, and the biometrics fee is $85.
Source: USCIS Fee Schedule. USCIS I-751 page
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Can I file I-751 if I am divorced?
Yes, you can file a waiver of the joint filing requirement if the marriage was entered in good faith but ended in divorce or annulment. You must show that the marriage was genuine at its inception, not that you remained together. The divorce must be final before you file the waiver. A pending divorce will not qualify for the waiver; you would need to wait until the divorce decree is issued.
What if my spouse died?
If your U.S. Citizen or permanent resident spouse passed away after you obtained conditional residence, you may still file Form I-751 requesting a waiver of the joint filing requirement. You must demonstrate that the marriage was entered in good faith, not to evade immigration laws. You will need to include the death certificate and evidence of the bona fides of the marriage. The death of a spouse does not bar the removal of conditions.
What happens if my I-751 is denied?
If USCIS denies your I-751 petition, it will issue a Notice of Intent to Terminate your conditional resident status and place you in removal proceedings before an immigration judge. In removal proceedings, you have the opportunity to renew your I-751 before the judge and present additional evidence. Having an attorney at this stage is critical; the judge can review the USCIS decision and grant the petition if the evidence supports the bona fides of the marriage or waiver eligibility.
How long does I-751 processing take?
USCIS processing times for Form I-751 vary by field office and caseload, but applicants should expect several months to over a year. After filing, USCIS will issue a receipt notice (Form I-797) that extends your conditional resident status for a specific period (typically 18 or 24 months) while the petition is pending. You can travel and work during this extension period. For current processing time estimates, check the USCIS website or consult with our firm.
Can I apply for citizenship while my I-751 is pending?
Yes, if you are otherwise eligible, you may file Form N-400 for naturalization while your I-751 is pending. USCIS will often adjudicate the two applications simultaneously. The naturalization interview may serve as the opportunity to review the I-751 as well, and an officer can approve the removal of conditions at that time. This can streamline the process, but you must meet the physical presence and continuous residence requirements for naturalization.
Do I need a lawyer to file I-751?
You are not legally required to hire a lawyer, but representation can significantly improve the quality and thoroughness of your petition. An experienced immigration attorney can help you assemble the correct documentation, prepare a persuasive cover letter, anticipate interview questions, and respond to requests for additional evidence. For complex situations—divorce waivers, hardship claims, or prior immigration violations—legal guidance is strongly advised to avoid a denied petition and removal proceedings. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced immigration law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has accepted referrals from officials at the Embassy of India and Indian consular missions for legal matters involving Indian nationals. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), and his background as a former prosecutor informs a meticulous approach to preparing immigration petitions. Together with his Of Counsel team, they have documented 4,739+ case results across all practice areas since 1997. Results may vary. Law Offices Of SRIS, P.C. serves Virginia Beach residents from the firm’s Richmond location—located at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747.
Internal resources: Fairfax County immigration lawyer · Fairfax City immigration lawyer · Falls Church immigration lawyer · Prince William County immigration lawyer · Manassas immigration lawyer
Authoritative resources: USCIS Form I-751 · Virginia Beach Circuit Court · Virginia State Bar
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