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Need Clarification Please - I 751 Petition to remove conditions on Residence

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  • Need Clarification Please - I 751 Petition to remove conditions on Residence

    My aunt was married to a citizen who passed away a month ago. She received conditional green card for 2 years. We applied for I751 to remove the condition on residence card. However, she was given 18 months extension on the conditional residence.

    My questions are
    1. Is this normal action on I751?
    2. Does she just have to wait 18 months before her condition is removed or is there an action to take before that?
    3. After 18 months, will she be eligible to apply for Citizenship?

    Appreciate any insight into these queries.

    Thanks.

  • #2
    Originally posted by arangoon View Post
    1. Is this normal action on I751?.
    Yes this is normal. It's standard practise to extend a GC for 18 months pending the removal of conditions since it can take a while.

    Originally posted by arangoon View Post
    2. Does she just have to wait 18 months before her condition is removed or is there an action to take before that?
    There's no action to take. Your application is with USCIS. The extension is just to show she is still in legal status. All it means is if at any point she's required to provide her GC (which may be expired), she has to also provide the extension letter with it. This doesn't mean it will take this long, it's possible for her application to be adjudicated long before this.

    Originally posted by arangoon View Post
    3. After 18 months, will she be eligible to apply for Citizenship?
    Since her U.S. citizen spouse died (my condolences), she is now required to be a permanent resident for the full 5 years before being able to apply for naturalization, rather than the 3 usually applied to a marriage, unfortunately the time does not transfer after death.
    Last edited by Tezza; 09-18-2020, 02:54 PM.
    Marriage AOS - 2018

    4-10: Sent to Chicago Lockbox
    4-12: Arrived in Chicago
    4-14: Picked up by USCIS
    4-19: Email & text notifications received
    4-23: I-797 Receipts received
    4-27: Biometrics notice received
    5-10: Courtesy letter for I-693
    5-11: Biometrics completed
    6-04: Interview scheduled
    6-09: Received interview letter
    7-10: Interview complete & approved, status change to New Card being Produced
    7-13: Card was Mailed
    7-18: Green Card in Hand

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