The law around the Removal of Conditions process for children can be tricky. If your child receives a 2-year green card, you need to make sure they apply for the 10-year green card.
If you want to know about the general Removal of Conditions process and why it is sometimes required for permanent residents, click here to learn more.
Here’s what you need to know the Removal of Conditions process for your children:
Filing Form I-751
Form I-751 is the main form to fill out for the Removal of Conditions on a Green Card. In most cases, your child will not need to file a form I-751 because they’ll be included on your I-751. However, even if you don’t need to file the form I-751, you will still need to file a separate biometrics fee for each child.
There are some instances where your child will need to submit a separate I-751. These situations could include:
- If your child received their green card more than 90 days after you did, they’ll need to submit their own separate I-751.
- If the parent with the green card has passed away, each child will need to file their own I-751 application for Removal of Conditions.
- A child who is 21 or older at the time you file the Removal of Conditions might have to file an I-751 on their own. More detail is provided below for this special case.
Children Who Are 21 Or Older
There is currently disagreement on whether a child 21 or older can be included on their parent’s I-751. The law indicates they can be included, but USCIS doesn’t always allow it.
Immigration attorneys vary on how they handle these kinds of situations. If your child is over 21, then filing a separate form I-751 will likely go through more easily. However, you will have to pay an additional filing fee, which would make the overall process more expensive.
We hope that USCIS provides clearer guidance on this issue in the future. In the meantime, speak to your immigration attorney to figure out the best method for your family to remove conditions on your Green Cards.
Citizenship After the Removal of Conditions Process and How It Effects Your Children
We usually encourage our clients to file for citizenship as soon as they are able. This means filing as soon as 90 days before the three-year anniversary after receiving your Green Card. Then when you’re sworn in as a U.S. citizen, any of your children with Green Cards who are under the age of 18 can automatically become U.S. citizens. This applies as long as they’re residing with you in the U.S. and you have legal custody of them.
To apply for citizenship, you do not have to wait for your Removal of Conditions case to be approved before you submit your application for naturalization.
However, if your child with a Green Card is over 18 when you get citizenship, they will typically need to wait five years after getting the initial green card in order to be eligible for citizenship.
If you have questions regarding your family’s Removal of Conditions and citizenship processes, contact your immigration attorney and they will be able to advise you according to your family’s circumstances.
Attorney Tim Jones
Our legal team regularly handles Removal of Conditions cases, including cases with children and other complex cases. Attorney Jones specializes in family immigration law, so he knows the best methods to deal with the most nuanced of situations.
Contact our office today to schedule a meeting with Attorney Tim Jones so we can help you with your and your children’s immigration needs!
