Q: My i751 was never filed and I am now a TR. What do I need to do to resolve my immigration status now?
A: The I-751 must be filed jointly by the conditional resident and the spouse through whom residence was acquired no more than 90 days prior to the card’s expiration date. There are some exceptions to this. If the marriage ended due to divorce, death, or if there is DV, then the 2-year requirement is waived and the I-751 can be filed at any time prior to the conditional resident’s placement in removal proceedings. If the couple is still married and DV is not an issue, then the couple needs to show that their failure to file the I-751 was due to circumstances beyond their control.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
