Can an Immigrant Child File a Separate I-751 Form?

Form I-751 allows a conditional resident, who obtained status through marriage to a U.S. citizen, to remove the conditions of his or residency and become a U.S. permanent resident. Because conditional residency expires after two years, the immigrant must submit the form to U.S. Citizenship and Immigration Services (USCIS) within the 90-day period before the expiration date, or else lose the right to remain in the United States.

Often, a conditional resident brings children into the marriage. Under normal circumstances, the child can be included in the parent's I-751 and also become a permanent resident, without need for a separate application. (This also means that, if the parent's petition is denied, the children will be denied the opportunity to become permanent residents, as well.) However, there are situations in which a child will want or need to separately file an I-751.

Drawbacks to Child Being Included in Parent's I-751 Filing

Dependent children who acquired conditional resident status along with a parent or within 90 days thereafter can be included in a joint I-751 petition filed by the parent(s). However, the child will not, in this case, receive a separate I-751 receipt with his or her own name on it. And the receipt is very important because, by now, your conditional resident card will show an expired date, and you won't receive a replacement card during this waiting period. The expired card, plus the receipt, will be the immigrant's and the children's only proof of status until being approved for green cards. (Convincing people to accept this receipt as proof of legal status in the United States can be hard enough by itself, without the added complication of being a child included in a parent's application.) 

Having their own I-751 receipt might be particularly useful for older children who want or need to travel out of the United States, receive a drivers' license, or find employment. For that reason, some families prefer to have the children file separate Form I-751s even if they're eligible to be included on the parents'.

When Children Must File Separate I-751s

If a conditional resident child received that status more than 90 days after his or her parent, that child must separately file an I-751.

Also, a child will need to file a separate I-751 if the parents cannot sign a joint petition, due to death, divorce, or other circumstances, but the child (and perhaps also the immigrant parent) has grounds upon which to apply for a waiver of the usual joint petition requirement.

Of course, the parent(s) can and, if possible, should help the child fill out the I-751 petition. The parent may even sign on the child's behalf, if the child is not 18 or older -- but should write "signed by [the parent's name]" below the signature.

When a child files separately, he or she must submit the petition with a full explanation and supporting documentation about why the filing is separate.

Talk With an Attorney

If you have any doubts about whether your children can or should be included in your I-751 petition -- or if you are a child who entered the United States through the conditional residency status of a parent and, for valid reasons, cannot be included in the parent's I-751 filing -- you may wish to consult with an experienced immigration attorney to discuss your case. The attorney can help figure out the legal requirements and the best strategy for your case and assist with compiling the required paperwork.