Comprehensive Overview of Immigration Law (COIL) Practice Exam

When must Luis file an I-751 petition to remove conditions from his residency?

1. 90 days before May 5, 2023

2. 90 days after May 5, 2023

3. Immediately after marriage

4. Within one year of obtaining LPR status

The correct answer is: 90 days before May 5, 2023

The correct answer is that Luis must file an I-751 petition to remove conditions from his residency 90 days before May 5, 2023. In the context of U.S. immigration law, individuals who obtain conditional residency based on marriage are required to file Form I-751, Petition to Remove Conditions on Residence, to transition to permanent residency status (LPR). This filing must occur within the 90-day window leading up to the second anniversary of becoming a conditional resident. Therefore, if May 5, 2023, marks the date of Luis's conditional residency, he must file the petition during the 90 days preceding that date. This gives him the opportunity to prove that the marriage was entered in good faith and not solely for the purpose of obtaining immigration benefits. Filing the petition at any other time, such as after this 90-day period or immediately after marriage, would not fulfill the requirements set by U.S. Citizenship and Immigration Services (USCIS) for removing conditions. Additionally, the option regarding one year of obtaining LPR status is not applicable, as the I-751 must specifically be filed within the 90 days prior to the two-year mark of the conditional residency, not one year after establishing