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USCIS
- Remove Conditions on Permanent Residence
Based on Marriage
Your
permanent residence status is conditional if
it is based on a marriage that was less than
2 years old on the day you were given
permanent residence. You are given
conditional resident status on the day you
are lawfully admitted to the United States
on an immigrant visa or adjustment of your
status to permanent residence.
Your
status is conditional, because you must
prove that you did not get married to evade
the immigration laws of the United States.
To remove these conditions you must file
Form I-751, Petition to Remove Conditions on
Residence.
Eligibility
Criteria
Generally,
you may apply to remove your conditions on
permanent residence if:
- You
are still married to the same U.S.
citizen or permanent resident after 2
years (your children may be included in
your application if they received their
conditional resident status at the same
time that you did or within 90 days)
- You
are a child and cannot be included in
the application of your parents for a
valid reason
- You
are a widow or widower of a marriage
that was entered into in good faith
- You
entered into a marriage in good faith,
but the marriage was ended through
divorce or annulment
- You
entered into a marriage in good faith,
but either you or your child were
battered or subjected to extreme
hardship by your U.S. citizen or
permanent resident spouse
- The
termination of your conditional resident
status would cause extreme hardship to
you
Note:
Refer to Form I-751 for more specific
eligibility requirements
How
to Apply to Remove the Conditions
You
and your spouse must apply together to
remove the conditions on your residence by
filing Form I-751. You should apply during
the 90 days before your second anniversary
as a conditional resident. The expiration
date on your green card is also the date of
your second anniversary as a conditional
resident. If you do not apply to remove the
conditions in time, you could lose your
conditional resident status and be removed
from the country.
If
You Are No Longer Married To Your Spouse or
if You Have Been Battered or Abused by Your
Spouse
If
you are no longer married to your spouse, or
if you have been battered or abused by your
spouse, you can apply to waive the joint
filing requirement. In such cases, you may
apply to remove the conditions on your
permanent residence any time after you
become a conditional resident, but before
you are removed from the country.
Your
Child’s Conditional Green Card
If
your child received conditional resident
status within 90 days of when you did, then
your child may be included in your application
to remove the conditions on permanent
residence. Your child must file a separate
I-751 application if your child received
conditional resident status more than 90
days after you did.
Where
To Find The Law
The
Immigration and Nationality Act (INA)
governs immigration in the United States.
For the part of the law concerning
conditional resident status based on
marriage, please see Section 216 of the INA.
The specific eligibility requirements and
procedures for removing conditions on
permanent resident status are included in
the Code of Federal Regulations [CFR] at 8
CFR Section 216.
If
You Are Late In Applying To Remove The
Conditions On Residence
If
you fail to properly file Form I-751 within
the 90-day period before your second
anniversary as a conditional resident:
- Your
conditional resident status will
automatically be terminated and we will
begin removal proceedings against you
- You
will receive a notice from us telling
you that you have failed to remove the
conditions
- You
will receive a Notice to Appear at a
hearing. At the hearing you may review
and rebut the evidence against you. You
are responsible for proving that you
complied with the requirements (we are
not responsible for proving that you did
not comply with the requirements)
The
Form I-751 can be filed after the 90-day
period if you can prove in writing to the
director of the appropriate Service Center
that there was good cause for failing to
file the petition on time. The director has
the discretion to approve the petition and
restore your permanent resident status.
How
to Get a Waiver of the Requirement to File a
Joint Petition
If
you are unable to apply with your spouse to
remove the conditions on your residence, you
may request a waiver of the joint filing
requirement. You may request consideration
of more than one waiver provision at a time.
You
may request a waiver of the joint
petitioning requirements if:
- Your
deportation or removal would result in
extreme hardship
- You
entered into your marriage in good
faith, and not to evade immigration
laws, but the marriage ended by
annulment or divorce, and you were not
at fault in failing to file a timely
petition
- You
entered into your marriage in good
faith, and not to evade immigration
laws, but during the marriage you or
your child were battered by, or
subjected to extreme cruelty committed
by your U.S. citizen or permanent
resident spouse, and you were not at
fault in failing to file a joint
petition
Note:
Refer to Form I-751 for more specific
information on waivers
If
You Are In Divorce Proceedings But Are Not
Yet Divorced
If
you are still married, but legally separated
and/or in pending divorce or annulment
proceedings, and:
- You
filed a waiver request. We
will issue a request for evidence (RFE)
specifically asking for a copy of the
final divorce decree or annulment (if
applicable).
- You
filed a Form I-751 petition jointly. We
will issue a request for evidence (RFE)
specifically asking for a copy of the
final divorce decree or annulment and a
statement that you would like to have
your joint filing petition treated as a
waiver.
Upon
receipt of the final divorce decree or
annulment within the specified time period,
we will amend the petition, to indicate that
eligibility has been established for a
waiver of the joint filing requirement based
on the termination of the marriage.
Work
Permit
As
a permanent resident, you should have
received a green card. This card will
continue to prove that you have a right to
live and work in the United States
permanently. If you file Form I-751 on time,
we will extend your conditional resident
status until a decision has been made on
your application. You will be sent a notice
reflecting this.
How
to Check the Status of Your Petition
To
check the status of your petition, see the
"My Case Status" link to the
right.
Interview
An
interview may be required to demonstrate
eligibility to remove the conditions on your
residence. If an interview is required you
will receive an appointment notice telling
you when and where to appear for your
interview.
How
to Appeal
If
your application to remove the conditions on
your permanent residence is denied, you will
receive a letter that will tell you why the
application was denied. The process to
remove you from the country will begin as
soon as your application is denied. You will
be allowed to have an immigration judge
review the denial of your application during
removal proceedings. During this review, we
must prove that the facts on your
application were untruthful and/or that your
application was properly denied. If the
immigration judge decides to remove you from
the country, you may appeal this decision.
Generally,
you may appeal within 30 days after the
immigration judge decides to remove you from
the country. After your appeal form and a
required fee are processed, the appeal will
be referred to the Board of Immigration
Appeals in Washington, D.C.
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