Conditional Permanent Residents must file Form I-751 within 90 days before their two-year card expires. Failure to petition for the removal of the conditions on residence will mean that the applicant will automatically lose their status and will be subject to deportation proceedings. However, if there were extenuating circumstances beyond the applicant’s control that meant they had to file late and they can prove that the fault was not their own, they can keep their current status and still apply for the removal of conditions. Applicants who are ordinarily resident in America during this time will be able to file at their local service centre that covers their state of residence. However, can Conditional Permanent Residents file Form I-751 if they are living outside America?
Conditional Permanent Residents who are living overseas during the final 90 days of their Conditional Permanent Residence due to military or government orders can still apply to remove the conditions of residence, provided they apply at the same time as Conditional Permanent Residents who are residing in America. Applicants will need to supply the usual initial evidence such as a copy of their Permanent Resident Card, two passport-sized photos for applicants of all ages, their Alien Registration Number (A#), fingerprint cards (From FD-258) for applicants who are 14-79 years of age and other supporting documentation for joint applications.
In addition to the usual initial evidence that is required for Conditional Permanent Residents filing Form I-751, they must also supply a copy of their military or government orders. This will enable USCIS to quicly and easily identify military and civilian government employee applicants. After filling in Form I-751, be sure to indicate “active military” or “government orders” at the top of Form I-751, in accord with the filing instructions supplied by USCIS to help applicants fill in the form.
USCIS will usually place military and government applicants on hold until they return to America, and will issue their new Permanent Resident Card at a later date. Once Form I-751 is accepted by Conditional Permanent Residents living overseas due to military or government orders, USCIS will extend the two-year Conditional Permanent Resident Card. If applicants are not back in America by the end of the one-year extension period, they will not need to fear that they have forfeited their status.
In conclusion, only Conditional Permanent Residents residing overseas due to military or government orders are able to file Form I-751 while living outside of America without risking the loss of their status. To learn more about how and where to file while living overseas click here for further information.