The I-90, Application to Replace Permanent Resident Card (Green Card), and the I-751, Petition to Remove Conditions on Residence form are two applications whose purposes, though similar, have completely different functions. It is important to know the difference between the I-90 and the I-751 applications because confusing the two may be detrimental to a resident’s intent to remain in the U.S.

The I-90 form is an application that may be used by a Lawful Permanent Resident (LPR) or a Conditional Permanent Resident (CPR) to replace their Green Card. An I-90 form should only be used by someone who has their LPR or CPR status and simply needs to replace their Green Card. Some of the most common reasons why a resident may need to replace their Green Card are: the card has been lost or stolen; the card contains incorrect information; the resident has legally changed their name, or the resident never received the card that was previously issued to them.

The I-751 form is a petition that may be used by a CPR to remove the conditions of their resident status. A CPR is someone who obtained their immigrant status by marriage as a spouse of an LPR or as a stepchild of an LPR. The CPR’s immigration status will remain conditional until the CPR proves, after two years, that the marriage was entered into in good faith and not as an attempt to bypass the immigration laws of the U.S.

A CPR’s Green Card is only valid during those two years. After two years, a CPR loses their status and may be removed from the U.S. unless they eliminate the conditions of their CPR status. The I-751 form must be filed within 90 days of the Green Card’s expiration date (the two-year anniversary of the marriage) and must be filed jointly with the LPR spouse or stepparent unless the LPR is deceased, the marriage has since been terminated, the CPR spouse or stepchild was subjected to extreme cruelty by the LPR, or removal from the U.S. would result in extreme hardship on the CPR. The children may be included in their parent’s I-751 form if those children obtained their CPR status on the same day as their parent or within 90 days of their parent. Otherwise, a separate I-751 form must be filed on behalf of the children.

To summarize, an I-90 form should only be used by an LPR or CPR when their Green Card needs to be physically replaced. In contrast, the I-751 form should be used by a CPR who needs to remove the conditions on their Green Card before the two-year expiration date to avoid being placed in removal proceedings. An I-90 form cannot be used by a CPR to renew or remove the condition of their immigration status.

Before filing an application or petition, it is important you speak to an immigration attorney to discuss your personal situation and the correct documents to submit. ILBSG is always here for you, please reach out to us to get we will work with you to ensure you get the right advice

Conditional Permanent Resident green card I-90 I-751 immigration Lawful Permanent Resident