I-751 Incarceration

I’m going to prison.

The immigration timeline doesn’t stop when one spouse is incarcerated.

If you are still married, then you must file Form I-751, Petition to Remove Conditions on Residency, jointly with your spouse during the 90-day period immediately before your 2-year green card expires.

If this petition is not filed, you will lose your green card status and become removable from the United States (with limited exceptions).

Note, the standard for the I-751 is not “are you happily living together now” but rather “was the marriage entered in good faith,” i.e., valid at inception.

Disclaimer: This post is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

Last Updated: 06/24/2022