James C. Tai, Attorney at Law

1. Purpose of the I-751

When a Green Card applicant has been married for less than 2 years, the applicant is initially issued a Conditional Green Card, which is good for 2 years. Just before the expiration of the conditional period, the I-751 is filed to apply for a permanent Green Card (which is good for 10 years). The purpose of the I-751 is to reaffirm that the initial marriage took place in good faith.

2. When to file

The I-751 must be filed with USCIS within 90 days prior to the 2-year anniversary of
the issuance of the conditional Green Card.

3. Filing Jointly vs. Filing Single

When you are still married to the same person you were married to at the time of the issuance of the conditional Green Card, you will file the I-751 jointly.

You will file as a single person in the following cases:

a. You entered the marriage in good faith and your spouse has died;

b. You entered the marriage in good faith and you are now divorced from the person to whom you were married at the time of the issuance of the initial Green Card (even if you’re now remarried to someone else, you will file as single);

c. You entered the marriage in good faith and you have been battered or subject to extreme cruelty by your petitioning spouse;

d. Your parent was a conditional resident who entered into the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or permanent resident spouse or by your conditional resident parent; or

e . The termination of your status would result in extreme hardship to you or a dependent child.

4. Standard for the I-751: Good Faith Marriage (see Matter of Soriano)

To determine whether a marriage was entered into ‘in good faith,’ “[t]he central question is whether the bride and groom intended to establish a life together at the time they were married.” See Bark v. INS, 511 F.2d 1200 (9th Cir. 1975).

To establish ‘good faith’, the court will consider documents such as:

a. proof that the spouse has been listed as the beneficiary on the petitioner spouse’s life insurance policy;

b. documents showing joint ownership or joint responsibility (e.g. property leases)

c. documents showing a comingling of finances (e.g. tax returns, bank statements)

d. shared experiences

e. marriage ceremony

f. birth certificates of any children born as a result of the relationship

5. Common scenarios in which an I-751 matter would end up before an Immigration Judge

You never filed an I-751 (whether you’re still married or not)

a. If you were issued a temporary Green Card and never file the I-751 to remove
the conditions, you can be placed into removal proceedings for having no lawful status once the temporary Green Card has expired.

b. If this happens, you can still file the I-751 with USCIS and an Immigration
Judge (IJ) can either grant continuances on your removal proceedings while the I-751 is being decided, or the IJ can administratively close your case until
USCIS issues a decision on the I-751. If the case is administratively closed
until a decision is made on the I-751, the IJ would then re-calendar your case
to restart proceedings once USCIS has made its decision.

An I-751 was filed and denied by USCIS based on the merits.

a. The IJ will hold an individual hearing to review the decision of USCIS.

b. You would not be required to re-file the I-751 or pay a new filing fee.

• An I-751 was filed and denied by USCIS based on failure to attend interview.

a. The IJ will hold an individual hearing to decide whether to grant the I-751.

You would not be required to re-file the I-751 or pay a new filing fee.

• In all of the above scenarios, the I-751 can be filed jointly or separately. If not

filing jointly, the scrutiny is generally higher as to the good faith marriage.

Note: I-751 can still be filed if the immigrant spouse is now married to someone besides the spouse for which the conditional green card was obtained through. In that case, the immigrant spouse would apply as a single person because the I-751 is based on the
marriage under which the initial Green Card was issued.  

Client was granted withholding of removal under INA § 241(b)(3) by a non-detained immigration judge based on fears of persecution from South Korea due to his sexual orientation.

6 detained LPR cancellation of removal (42A) GRANTED.

9 non-detained LPR cancellation of removal (42A) GRANTED, including 1 INA 212 (c) GRANTED, and 1 INA 212(h) hardship waiver GRANTED. 

Assisted detained client to get married to a United States citizen fiance while being detained by ICE, then successfully filed and represented client before a detained immigration judge for adjustment of status with a INA 212(h) hardship waiver. GRANTED. 

The grounds for mandatory detention include various grounds of inadmissibility from Section 212(a) of the I.N.A. — but an actual conviction is not required in all cases. 

These criminal grounds of inadmissibility include commission of:

• a crime involving moral turpitude, unless the maximum sentence possible is one year or less and the actual sentence you received is less than six months OR if you were under 18 when you committed the crime and it was more than five years ago
• multiple convictions where the aggregate sentence is five years or more of imprisonment
• a controlled substance offense (any drug offense, including if the immigration authorities have reason to believe that you are a drug trafficker)
• a prostitution-related offense
• terrorist activity
• significant human trafficking
• money laundering

Detention is also mandatory for people who are deportable based on criminal convictions (found in Section 237 of the I.N.A.) including:

• a crime involving moral turpitude where (as an added requirement from I.N.A. Section 236(c)(1)(C)), you were sentenced to more than one year in prison
• two or more crimes involving moral turpitude
• an aggravated felony
• a firearms offense
• a controlled substance conviction other than a single offense for possession for your own use of 30 grams or less of marijuana
• drug abuse or addiction, or
• espionage, sabotage, or treason.

This is a very informative video on going to immigration court. It was made by Illinois Legal Aid. It contains a lot of very useful information for pro se (unrepresented) individuals and attorneys who are new or unfamiliar with immigration court.  

EOIR Case Status--1-800-898-7180


This is an automated immigration court's case status hotline. By entering an individual's alien #, you can find up dates of upcoming master/individual hearings, the  assigned immigration judge, whether a final order has been entered, and other information regarding the individual's proceedings in immigration court.  


Immigration Court (Individual) Contacts (Website)

Here you can find the address and phone number of each immigration court around the country. It also has a listing of all immigration judges in each court. You can speak with an operator for case specific information, such as status of motions and decisions. You will need an alien #. 

ICE Online Detainee Locator (Website)


When ever someone is in immigration (ICE) custody, you can find him/her with this online locator. It will tell you which facility an individual is held at. You will need the alien # and the home country.




USCIS Case Status (Website)

Check status for all USCIS petitions/applications. Limited information. Will need USCIS receipt number. 

USICS National Customer Service Center (NCSC): 1-800-375-5283


This 800 number will allow you to check on the status of USCIS petitions/applications. Individuals and attorneys of record can speak with a USCIS customer service representative concerning their petitions/applications.