If you have a two-year conditional green card and children who were included in your original green card application, one of the most practical questions you may have is whether those children can be included in your I-751 removal of conditions petition or whether they need to file separately. The answer depends on a specific timing rule, and understanding it before you file can save your family significant time, money, and administrative complexity.
How did the children get their conditional green cards in the first place?
When a family goes through a marriage-based green card case, and the foreign spouse has children, those children can have separate cases (if a U.S. Citizen spouse case) or be included in the same application as derivative beneficiaries (if a LPR spouse case). This applies to biological children, adopted children, and stepchildren of the U.S. citizen or lawful permanent resident petitioner who started the case. If the marriage was less than two years old at the time the green cards were approved, the children receive conditional two-year green cards alongside the parent, just as the primary applicant does.
These conditional green cards need to be renewed through the I-751 removal of conditions process, and the question of whether the children can be included in the same I-751 petition as the parent or need to file separately depends entirely on when their green cards were issued relative to the parent’s.
What is the 90-day rule for including children in the same I-751?
The key rule is straightforward. If the children received their conditional green cards on the same day as the parent or within 90 days of the parent’s green card issuance date, they can be included in the same Form I-751 petition. You file one application, pay one set of filing fees, and the children’s removal of conditions is processed alongside the parent’s as part of the same case.
This is the preferred outcome for most families because it is significantly simpler and less expensive than filing separate petitions. One application, one fee, one process, one outcome. If your family falls within this 90-day window, take advantage of it and include the children in the parent’s I-751.
What if the children’s green cards were issued more than 90 days after the parent’s?
If any child received their conditional green card more than 90 days after the parent’s issuance date, that child cannot be included in the parent’s I-751 petition. They will need to file their own separate Form I-751, which means additional filing fees, separate processing, and a separate case number. The processing timeline and requirements are the same, but it is handled as an independent petition rather than a derivative one attached to the parent’s case.
This situation arises more commonly than families expect, particularly when there were complications in processing the original green card applications or when children were added to the case at different stages. If your family is in this situation, be prepared for the additional cost and administrative work of filing separate petitions, and make sure each child’s I-751 is filed within their own 90-day filing window before their individual conditional green card expires.
What evidence is needed when including children in the I-751?
When children are included in a parent’s I-751 petition, the primary evidence burden is on demonstrating the genuineness of the marriage that formed the basis of the original green card case. The children’s inclusion is derivative of the parent’s case, meaning they benefit from the same evidence package that supports the parent’s petition.
However, it is important to ensure that the children’s green card information is accurately reflected in the petition and that the correct forms are completed for each included child. The filing must clearly identify each child being included, their green card information, and their relationship to the principal applicant.
What happens to the children’s citizenship when the parent naturalizes?
This is an important long-term planning point that every family in this situation should understand. When a permanent resident parent becomes a naturalized U.S. citizen, the citizenship status of their minor children is directly affected by that naturalization.
If the parent naturalizes while the children are still under the age of 18 and the children are lawful permanent residents living with them in the United States, those children automatically acquire U.S. citizenship at the moment the parent is naturalized. This is one of the most significant benefits of the parent pursuing citizenship in a timely manner.
However, automatic acquisition of citizenship does not mean the children have automatic documentation of that citizenship. To obtain formal proof of citizenship for a child who acquired it automatically through a parent’s naturalization, the family should file Form N-600, the Application for Certificate of Citizenship. This document provides the child with official government documentation of their U.S. citizenship status, which they will need for a passport, employment, and other legal purposes throughout their life.
What if the child is 18 or older when the parent naturalizes?
If a child is 18 or older at the time the parent naturalizes, the automatic acquisition of citizenship does not apply. An adult child who is a lawful permanent resident must apply for citizenship independently through the standard naturalization process by filing Form N-400. The parent’s naturalization does not transfer citizenship to adult children.
This is a meaningful planning consideration for families with children who are approaching adulthood. If the parent is eligible to naturalize and has a child who is close to turning 18, accelerating the naturalization timeline so that it is completed before the child’s 18th birthday can result in the child automatically becoming a citizen. That is a significant benefit worth planning around if the circumstances make it possible.
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