Filing I-751 Petitions for included Children

Posted on Aug 02, 2023

I often receive inquiries from prospective clients who ask whether they need to file separate I-751 petitions to remove the conditional status of their children, or whether they can include their children in their own I-751 Petition to Remove Conditions on Residence.

The USCIS rule on this point is fairly simple: you may include your child in your I-751 petition IF your child received conditional permanent resident status either on the same date or within 90 days of the date that you did. However, if they received their conditional permanent resident status more than 90 days after the date that you did, then you must file separate I-751 petitions for each child.

Note, however, that EVEN IF you can include your child within your I-751 petition that you still have to include an additional $85.00 for each included child to cover their Biometrics Fee. Thus, if you are filing an I-751 for yourself and one included child (under the USCIS fee schedule in effect today – 8/2/23) you will have to pay a total filing fee of $765.00, which is $680.00 for your filing fee + $85.00 for child. If you are including 2 children, then you will add $85.00 + $85.00 for a total filing fee of $850.00.

If you need assistance with your I-751 Petition to Remove Conditions on Residence, contact U.S. Immigration Lawyer Sean D. Hummel to schedule an appointment.

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