Removal of Conditional Residency (I-751)
As previously mentioned, there are two types of residency: permanent and conditional. Conditional residency lasts two years and an additional step must be taken for the beneficiary to receive permanent residency. This process applies to a spouse and stepchildren who were granted conditional residency.
Transitioning from conditional to permanent residency requires the filing of the I-751 application. Currently, its approval can take up to a year. The application must be submitted with supporting documentation showing the couple is still married and remained married throughout the two year period. If two years pass and the conditional residency expires without applying for permanent residency through the I-751, all chances of permanent residency can be lost and a new I-130 will be needed for the process to begin again. The I-751 must be filed in the 90 day period immediately before the conditional residency is scheduled to expire.
Transitioning from conditional to permanent residency requires the filing of the I-751 application. Currently, its approval can take up to a year. The application must be submitted with supporting documentation showing the couple is still married and remained married throughout the two year period. If two years pass and the conditional residency expires without applying for permanent residency through the I-751, all chances of permanent residency can be lost and a new I-130 will be needed for the process to begin again. The I-751 must be filed in the 90 day period immediately before the conditional residency is scheduled to expire.