Removal of Conditions

An individual can receive a 2-year Green Card as a conditional permanent resident, based on marriage or entrepreneurship. During the 90 days before this Green Card expires, however, you must file a petition to remove the conditions in order to remain a permanent resident.

Timeliness is important. The conditional card cannot be renewed and if you do not remove the conditions, you will lose your permanent resident status.

Removal of Conditions on Permanent Residence Based on Marriage

If you were married for a period of fewer than 2 years on the day you received permanent residence, your permanent residence is conditional. The purpose of this conditional permanent residence status is to keep people from using marriage as a method of avoiding following the United States’ immigration laws.

In order to remove the conditions on your permanent residence and remain in the United States, you must file Form I-751, Petition to Remove Conditions on Residence.

You are generally eligible to remove conditions on residence if one of the following applies to you:

• After 2 years, you are still married to the same lawful permanent resident or U.S. citizen as you were when you received conditional permanent residence.
• You are a child and are unable to be included in your parent’s application.
• You are a widow/widower but you got married in good faith and your spouse has since passed away.
• Your marriage has ended in divorce or annulment, but you entered into the marriage for genuine reasons.
• You entered into a bona fide marriage, but you or your child suffered abuse by your U.S citizen or permanent resident spouse.

As long as you are still married to your spouse or have not been abused by them, you and your spouse are required to apply together for the removal of conditions on your residence. Additionally, you may include your child on your application to remove conditions if they were granted conditional permanent residency within 90 days of the time that you did. If this is not the case, your child needs to file an I-751 application separate from yours.

Removal of Conditions on Permanent Residence for Entrepreneurs

The second reason your permanent residence status may be conditional is if it is based on investment. Your conditional permanent residence is valid for a period of 2 years, beginning on the day you were admitted into the United States.

In order to remove the conditions on your permanent resident status, you must file Form I-829, Petition by Entrepreneur to Remove Conditions. Once you file this petition, the period of time covered by your conditional permanent residence will be increased by 6 months or until your Form I-829 is processed.

How We Can Help

Youngblood & Associates will assist you in determining your eligibility to apply for the removal of conditions on your permanent residency. Our legal team will represent you throughout the process of filing your petition and will make sure to keep your case on track with all deadlines and requirements. We will work diligently for your success in obtaining lawful permanent resident status.