Form I-715 Petition to Remove Conditions on Residence

OMB No. 1615-0038; Expires 09/30/08
Department of Homeland Security
U.S. Citizenship and Immigration Services

I-751, Petition to Remove
Conditions on Residence

What Is the Purpose of This Form?

What Initial Evidence Is Required?

This form is for a conditional resident who obtained such status
through marriage to petition to the U.S. Citizenship and
Immigration Services (USCIS) to remove the conditions on his
or her residence. USCIS is comprised of offices of the former
Immigration and Naturalization Service (INS).

1. Permanent Resident Card.
You must file your petition with a copy of your Permanent
Resident Card or Alien Registration Card, and a copy of the
Permanent Resident or Alien Registration cards of any of
your conditional resident children you are including in your
petition. Submit copies of both front and back sides of the
card.
2. Biometric Services.
Applicants will now have their photograph, fingerprints and
signature taken by USCIS. When you file Form I-751, USCIS
will notify you in writing of the date, time and location where
you must go for the required biometric services. Failure to
appear for the biometric services may result in a denial of
your application.

Who May File This Petition?
If you were granted conditional resident status through marriage
to a U.S. citizen or permanent resident, use this form to petition
for the removal of those conditions.
If you are still married, the petition should be filed jointly by you
and the spouse through whom you obtained conditional status.
However, you may apply for a waiver of this joint filing
requirement if:
You entered the marriage in good faith, but your spouse

subsequently died;
You entered the marriage in good faith, but the marriage was

later terminated due to divorce or annulment;
You entered the marriage in good faith and have remained
married, but have been battered or subjected to extreme
cruelty by your U.S. citizen or permanent resident spouse; or
The termination of your status and removal would result in
extreme hardship.

Conditional Resident Children.
In Part 5 of this petition, please make sure to include any
conditional resident children applying with you in order to have
their conditional basis removed, or they may file separately.
Please remember to provide their A-number.

What Are the General Filing Instructions?
Please answer all questions by typing or clearly printing in black
ink. Indicate that an item is not applicable with "N/A." If an
answer is "none," write "none." If you need extra space to
answer any item, attach a sheet of paper with your name and
your Alien Registration Number (A#), and indicate the number
of the item to which the answer refers. You must file your
petition with the required initial evidence. Your petition must be
properly signed and accompanied by the correct fees. If you are
under 14 years of age, your parent or guardian may sign the
petition on your behalf.
Translations. Any foreign language document must be
accompanied by a full English translation that the translator has
certified as complete and correct, and by the translator's
certification that he or she is competent to translate the foreign
language into English.
Copies. If these instructions state that a copy of a document may
be filed with this petition and you choose to send us the original,
we may keep that original for our records.

NOTE: Because USCIS is now taking photographs of
applicants, you no longer need to submit two passport-style
photos with your petition.
Exception:
Those who reside overseas pursuant to military or
government orders, including conditional resident dependents
residing overseas and listed under Part 5 of the form, must
submit the following items with Form I-751:
A. Two passport-style photos for applicants and dependents,
regardless of age.
B. Two completed fingerprint cards (Form FD-258) for
applicants and dependents between the ages of 14 and 79.
You must indicate your Alien Registration Number (A#) on
the fingerprint card and ensure that the completed cards are
not bent, folded, or creased. The fingerprint cards must be
prepared by a U.S. Embassy or U.S. Consulate, USCIS
Office, or U.S. Military Installation.
In order for USCIS to identify filings based on military or
government orders, applicants are required to indicate on top
of Form I-751, "ACTIVE MILITARY or
GOVERNMENT ORDERS", and submit a copy of their
current military or government orders.
3. Evidence of the Relationship.
Submit copies of documents indicating that the marriage
upon which you were granted conditional status was entered
in ''good faith'' and was not for the purpose of circumventing
immigration laws. Submit copies of as many documents as
you wish to establish this fact and to demonstrate the
circumstances of the relationship from the date of the
marriage to the present date, and to demonstrate any
circumstances surrounding the end of the relationship, if it
has ended. The documents should cover, but not limited to,
the following examples:
Birth certificate(s) of child(ren) born to the marriage.
Lease or mortgage contracts showing joint occupancy
and/or ownership of your communal residence.
Form I-751 Instructions (Rev. 02/05/07) N

Financial records showing joint ownership of assets and

joint responsibility for liabilities, such as joint savings
and checking accounts, joint federal and state tax returns,
insurance policies that show the other spouse as the
beneficiary, joint utility bills, joint installments or other
loans.
Other documents you consider relevant to establish that
your marriage was not entered into in order to evade the
U.S. immigration laws.
Affidavits sworn to or affirmed by at least two people

who have known both of you since your conditional
residence was granted and have personal knowledge of
your marriage and relationship. (Such persons may be
required to testify before an immigration officer as to the
information contained in the affidavit.) The original
affidavit must be submitted and also contain the following
information regarding the person making the affidavit:
his or her full name and address; date and place of birth;
relationship to you or your spouse, if any; and full
information and complete details explaining how the
person acquired his or her knowledge. Affidavits must be
supported by other types of evidence listed above.
If you are filing to waive the joint filing requirement due to
the death of your spouse, also submit a copy of the death
certificate with your petition.

If you are a child filing separately from your parent, also
submit your petition with a full explanation as to why you are
filing separately, along with copies of any supporting
documentation.
4. Criminal History.
If you have ever been arrested or detained by any law
enforcement officer for any reason, and no charges were
filed, submit:
An original official statement by the arresting agency or
applicable court order confirming that no charges were
filed.
If you have ever been arrested or detained by any law
enforcement officer for any reason, and charges were filed,
or if charges were filed against you without an arrest, submit:
An original or court-certified copy of the complete arrest
record and/or disposition for each incident, (e.g. dismissal
order, conviction record or acquittal order).
If you have ever been convicted or placed in an alternative
sentencing program or rehabilitative program (such as a drug
treatment or community service program), submit:

If you are filing to waive the joint filing requirement
because your marriage has been terminated, also submit a
copy of the divorce decree or other document terminating or
annulling the marriage with your petition.

An original or court-certified copy of your sentencing
record for each incident, and evidence that you completed
your sentence, specifically;

If you are filing to waive the joint filing requirement because
you and/or your conditional resident child were battered or
subjected to extreme cruelty, also file your petition with the
following:

-- An original or certified copy of your probation
or parole record, or

Evidence of the physical abuse, such as copies of reports
or official records issued by police, judges, medical
personnel, school officials and representatives of social
service agencies, and original affidavits as described under
Evidence of the Relationship; or
Evidence of the abuse, such as copies of reports or official
records issued by police, courts, medical personnel, school
officials, clergy, social workers and other social service
agency personnel. You may also submit any legal
documents relating to an order of protection against the
abuser or relating to any legal steps you may have taken to
end the abuse. You may also submit evidence that you
sought safe haven in a battered women's shelter or similar
refuge, as well as photographs evidencing your injuries.
A copy of your divorce decree, if your marriage was
terminated by divorce on grounds of physical abuse or
extreme cruelty.
If you are filing for a waiver of the joint filing requirement
because the termination of your status and removal would
result in ''extreme hardship", you must submit with your
petition evidence that your removal would result in hardship
significantly greater than the hardship encountered by other
aliens who are removed from this country after extended stays.
The evidence must relate only to those factors that arose since
you became a conditional resident.

-- Evidence that you completed an alternative sentencing
program, or rehabilitative program set aside, sealed,
expunged or otherwise removed from your record, submit:
An original or court-certified copy of the court order
vacating, setting aside, sealing expunging or otherwise
removing the arrest or conviction, or
An original statement from the court that no record exists
of your arrest or conviction.
NOTE: Unless a traffic incident was alcohol or drug related,

you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only
penalty was a fine of less than $500.00 and or points on your
drivers license.

When Should I File the Petition?
1. Filing jointly. If you are filing this petition jointly with
your spouse, you must file it during the 90 days immediately
before the second anniversary of the date you were accorded
conditional resident status. This is the date your conditional
residence expires.

Form I-751 Instructions (Rev. 02/05/07) N Page 2

2. Filing with a request that the joint filing requirement be
waived. You may file this petition at any time after you are
granted conditional resident status and before you are removed.

What Is the Fee?
The fee for this petition is $205.00.
The fee for biometric services is $70.00.

3. Effect of not filing. If this petition is not filed, you will
automatically lose your permanent resident status as of the
second anniversary of the date on which you were granted
conditional status. You will then become removable from the
United States. If your failure to file was through no fault of
your own, you may file your petition late with a written
explanation and request that USCIS excuse the late filing.
Failure to file before the expiration date may be excused if you
demonstrate when you submit the application that the delay was
due to extraordinary circumstances beyond your control and that
the length of the delay was reasonable.

You may submit one check or money order for both the
petition and biometric services, for a total of $275.00.
NOTE: Each conditional resident dependent, eligible to be
included on the principal applicant's Form I-751 and listed
under Part 5 of Form I-751, is required to submit an
additional biometric services fee of $70, including
dependents residing overseas pursuant to military or
government orders, regardless of age.

Where Should You File the Petition?

All checks and money orders must be drawn on a bank or other
institution located in the United States and must be payable in
United States currency. The check or money order should be
made payable to the U.S. Department of Homeland Security.

If you live in Connecticut, Delaware, District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont,
Virgin Islands, Virginia or West Virginia, mail your petition to:
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina,
Oklahoma, South Carolina, Tennessee or Texas, mail your
petition to:
USCIS Texas Service Center

P.O. Box 850965,
Mesquite, TX 75185-0965
If you live in Arizona, California, Guam, Hawaii or Nevada,
mail your petition to:
USCIS California Service Center

P.O. Box 10751
Laguna Niguel, CA 92607-0751
If you live elsewhere in the United States mail your petition to:
USCIS Nebraska Service Center
P.O. Box 87751
Lincoln, NE 68501-7751

NOTE: If you or your spouse are currently serving with or
employed by the U.S. Government, either in a civilian or
military capacity and assigned outside the United States, mail
your petition to the USCIS Service Center having jurisdiction
over your residence of record in the United States. Include a
copy of the U.S. Government orders assigning you and your
spouse abroad.

The fee must be submitted in the exact amount. It cannot be
refunded. Do not mail cash.

Except:
If you live in Guam, make your check or money order
payable to the "Treasurer, Guam."
If you live in the U.S. Virgin Islands, make your check or
money order payable to the "Commissioner of Finance of the
Virgin Islands."

Do not use the initials USDHS or DHS on your check or
money order.
Checks are accepted subject to collection. An uncollected
check will render the petition and any document issued
invalid. A charge of $30.00 will be imposed if a check in
payment of a fee is not honored by the bank on which it is
drawn.
How to Check If the Fee Is Correct.
The fee on this form is current as of the edition date appearing
in the lower right corner of this page. However, because
USCIS fees change periodically, you can verify if the fee is
correct by following one of the steps below:
Visit our website at www.uscis.gov and scroll down to
"Forms and E-Filing" to check the appropriate fee, or
Review the Fee Schedule included in your form package,
if you called us to request the form, or
Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Processing Information.
Acceptance. Any petition that is not signed or accompanied
by the correct fee will be rejected with a notice that the
petition is deficient. You may correct the deficiency and
resubmit the petition. A petition is not considered properly
filed until accepted by USCIS.
Form I-751 Instructions (Rev. 02/05/07) N Page 3

Initial processing. Once a petition has been accepted, it will be
checked for completeness, including submission of the required
initial evidence. If you do not completely fill out the form or
file it without the required initial evidence, you will not
establish a basis for eligibility and we may deny your petition.
Requests for more information or interview. We may request
more information or evidence, or we may request that you
appear at a USCIS office for an interview. We may also request
that you submit the originals of any copies. We will return
these originals when they are no longer required.

All the information provided on this form, including
addresses, are protected by the Privacy Act and the Freedom
of Information Act. This information may be released to other
government agencies. However, the information will not be
released in any form whatsoever to a third party who requests
it without a court order, or without your written consent. In
the case of a child, the written consent must be provided by
the parent or legal guardian who filed the form on the child's
behalf.

Paperwork Reduction Act Notice.
Decision. You will be advised in writing of the decision on your
petition.

Penalties.
If you knowingly and willfully falsify or conceal a material fact
or submit a false document with this request, we will deny the
benefit you are filing for and may deny any other immigration
benefit. In addition, you will face severe penalties provided by
law and may be subject to criminal prosecution.

Do You Need USCIS Forms or Information?
To order USCIS forms, call our toll-free forms line at
1-800-870-3676. You can also obtain USCIS forms and
information on immigration laws, regulations or procedures
by visiting our internet website at www.uscis.gov or calling
our National Customer Service Center at 1-800-375-5283.

We try to create forms and instructions that are accurate, can
be easily understood and that impose the least possible burden
on you to provide us with information. Often this is difficult
because some immigration laws are very complex. The
estimated average time to complete and file this application is
as follows: (1) 15 minutes to learn about the law and form;
(2) 75 minutes to complete the form; and (3) 110 minutes to
assemble and file the petition; for a total estimated average of
3 hours and 20 minutes per petition. If you have comments
regarding the accuracy of this estimate, or suggestions for
making this form simpler, write to the U.S. Citizenship and
Immigration Services, Regulatory Management Division, 111
Massachusetts Ave, N. W., 3rd FLR. , Suite 3008,
Washington, DC 20529; OMB No. 1615-0038. Do not mail
your completed petition to this address.

Use InfoPass to Make an Appointment.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website at www.uscis.gov. Use the InfoPass
appointment scheduler and follow the screen prompts to set
up your appointment. InfoPass generates an electronic
appointment notice that appears on the screen. Print the notice
and take it with you to your appointment. The notice gives the
time and date of your appointment, along with the address of
the USCIS office.

Privacy Act Notice.
We ask for the information on this form and associated
evidence to determine if you have established eligibility for
the immigration benefit you are seeking. Our legal right to ask
for this information is in 8 USC 1184, 1255 and 1258. Failure
to provide this information and any requested evidence may
delay a final decision or result in denial of your request.

Form I-751 Instructions (Rev. 02/05/07) N Page 4

OMB No. 1615-0038; Expires 09/30/08

I-751, Petition to Remove
Conditions on Residence

Department of Homeland Security
U.S. Citizenship and Immigration Services

START HERE - Please type or print in black ink.

For USCIS Use Only
Returned

Part 1. Information about you.
Family Name (Last Name)

Given Name (First Name)

Full Middle Name

Address: (Street Number and Name)

Apt. #

Receipt

Date
Date
Resubmitted
Date

C/O: (In Care Of)

Date
Reloc Sent

City

State/Province

Country

Zip/Postal Code

Mailing Address, if different than above: (Street Number and Name)

Date

Apt. #

Date
Reloc Rec'd
Date

C/O: (In Care Of)

Date
Petitioner
Interviewed
on

City

State/Province

Country

Zip/Postal Code

Date of Birth (mm/dd/yyyy)

Country of Birth

Remarks

Country of Citizenship

Alien Registration Number (#A)

Social Security # (if any)

Conditional Residence Expires on (mm/dd/yyyy)

Daytime Phone # (Area/Country Codes)

Part 2. Basis for petition. (Check one.)
a.

My conditional residence is based on my marriage to a U.S. citizen or permanent resident,
and we are filing this petition together.

b.

I am a child who entered as a conditional permanent resident and I am unable to be included
in a joint petition to remove the conditional basis of are alien's permanent residence (Form
1-751) filed by my parent(s).

Action Block

OR
My conditional residence is based on my marriage to a U.S. citizen or permanent resident, but I am
unable to file a joint petition and I request a waiver because: (Check one.)
c.

My spouse is deceased.

d.

I entered into the marriage in good faith but the marriage was terminated through divorce/
annulment.

e.

I am a conditional resident spouse who entered a marriage in good faith, and during the
marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or
permanent resident spouse or parent.

f.

I am a conditional resident child who was battered by or subjected to extreme cruelty by my
U.S. citizen or conditional resident parent(s).

g.

The termination of my status and removal from the United States would result in an extreme
hardship.

To Be Completed by
Attorney or Representative, if any.
Fill in box if G-28 is attached
to represent the applicant.
ATTY State License #

Form I-751 (Rev. 02/05/07)N

Part 3. Additional information about you.
1. Other Names Used (including maiden name):

2. Date of Marriage (mm/dd/yyyy)

3. Place of Marriage

4. If your spouse is deceased, give the date of death (mm/dd/yyyy)

5. Are you in removal, deportation or rescission proceedings?
6. Was a fee paid to anyone other than an attorney in connection with this petition?
7. Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any
law or ordianance (excluding traffic regulations), or committed any crime which you were not arrested in
the United States or abroad?
8. If you are married, is this a different marriage than the one through which conditional residence status was
obtained?
9. Have you resided at any other address since you became a permanent resident? (If yes, attach a list of all
addresses and dates.)
10. Is your spouse currently serving with or employed by the U.S. government and serving outside the United States?

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

If you answered "Yes" to any of the above, provide a detailed explanation on a separate sheet(s) of paper and refer to "What Initial Evidence Is Required?" to determine
what criminal history documentation to include with your petition. Place your name and Alien Registration Number (A#) at the top of each sheet and give the number of
the item that refers to your response.

Part 4. Information about the spouse or parent through whom you gained your conditional residence.
Family Name

First Name

Middle Name

Social Security # (if any)

A# (if any)

Address
Date of Birth (mm/dd/yyyy)

Part 5. Information about your children. List all your children. Attach other sheet(s) if necessary.
Name (First/Middle/Last)

Date of Birth (mm/dd/yyyy) A # (if any)

If in U.S., give address/immigration status Living with you?
Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

the information on penalties in the instructions before completing this section. If you checked block
Part 6. Signature. Read
"a" in Part 2, your spouse must also sign below.
I certify, under penalty of perjury of the laws of the United States of America, that this petition and the evidence submitted with it is all true and
correct. If conditional residence was based on a marriage, I further certify that the marriage was entered in accordance with the laws of the place
where the marriage took place and was not for the purpose of procuring an immigration benefit. I also authorize the release of any information from
my records that the U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit sought.
Signature
Print Name
Date (mm/dd/yyyy)
Signature of Spouse

Print Name

Date (mm/dd/yyyy)

NOTE: If you do not completely fill out this form or fail to submit any required documents listed in the instructions, you may not be found eligible
for the requested benefit and this petition may be denied.

Part 7. Signature of person preparing form, if other than above.
I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.
Signature
Date (mm/dd/yyyy)
Print Name
Firm Name and Address

Daytime Phone Number
(Area/Country Codes)
E-Mail Address
(If any)
Form I-751 (Rev. 02/05/07) N Page 2