How to Remove Conditions on Your 2-Year Green Card

If you obtained a green card through marriage to a U.S. citizen or permanent resident, but were married for less than 2 years when your green card was approved, you likely received a “conditional” 2-year green card. Don’t panic – this is standard procedure.

But, it’s critical to take steps to remove the conditions on your residence before your conditional status expires. Here’s what you need to know about transitioning from conditional to permanent resident status.

Why Did I Get a Conditional Green Card?

USCIS uses conditional cards for foreign nationals who obtain green card via a marriage less than 2 years old. The 2-year timeframe allows the government to confirm the marriage is legitimate before granting permanent residence. It’s a way to deter marriage fraud.

If you don’t take action to remove the conditions, you could lose your residency status and even face deportation after the card expires. The good news is, removing conditions is usually a straightforward process for eligible applicants.

When and How to Apply for Removal of Conditions

You must file an application to remove conditions during the 90-day period before your 2-year card is set to expire. Failing to file on time can have severe consequences, so it’s crucial to stay on top of this timeline.

To remove conditions on your green card, you need to:

1. File Form I-751 (Petition to Remove Conditions on Residence) with USCIS, ideally within the 90 days leading up to your card’s expiration date. There is a significant filing fee.
2. Include evidence that your marriage is genuine and was not for immigration purposes. Examples:
   • Joint financial documents like tax returns, bank statements, leases
   • Photos together over time
   • Birth certificates of children born to the marriage
   • Affidavits from friends/family affirming the relationship
3. Attend an interview with a USCIS officer if requested. They will assess the validity of the marriage. Both spouses usually must attend.
4. Receive a decision from USCIS. If approved, you’ll get a new 10-year permanent green card without conditions.

What If My Situation Has Changed?

The standard process above assumes you are still married to and living with the U.S. citizen or resident spouse who sponsored your initial green card. But what if your situation has changed? Don’t lose hope – there are provisions for removing conditions in more complicated scenarios, too.

Widowed Applicants

If your spouse passed away during the conditional period, you can still apply for a removal of conditions. Include your spouse’s death certificate and evidence the marriage was authentic with your I-751.

Divorced Applicants

If your marriage ended in divorce before the 2-year mark, you can file for a waiver of the joint filing requirement. You’ll need to submit your final divorce decree and proof the marriage was entered into in good faith.

Abused Spouses

Spouses in abusive marriages can self-petition to remove conditions. Provide documentation like police reports, medical records, restraining orders, or domestic violence shelter records. This provision was created by the Violence Against Women Act (VAWA).

Extreme Hardship

You may qualify for a waiver based on the extreme hardship you’d face if deported from the U.S. Factors like serious medical issues, risk of harm in your home country, or extensive business/property ties may qualify.

Spouses in all these situations can file Form I-751 without their U.S. spouse and request a waiver of the joint filing requirement. It’s best to get assistance from an immigration attorney to make the strongest case.

What Happens After Filing?

USCIS will issue a receipt notice extending your conditional resident status, usually for 18 months. This allows you to live and work in the U.S. while your I-751 is processing, which can take over a year. If you need proof of your extended status for work, travel, or other purposes, contact USCIS.

After reviewing your petition, USCIS may ask for more evidence or require an interview. If all goes well, you’ll receive a new permanent green card valid for 10 years. Congratulations, you’ve successfully transitioned from conditional to permanent resident!

Applying for Citizenship

After removing conditions, you may be eligible to apply for U.S. citizenship. Spouses of U.S. citizens can usually naturalize just three years after obtaining permanent residence. Other permanent residents typically must wait five years. Becoming a citizen gives you full rights, protections, and benefits, such as protection from deportation.

Get Legal Help Removing Conditions on Your Green Card

Navigating immigration processes like removing green card conditions can be stressful, with serious consequences for errors or omissions. That’s where having an experienced immigration attorney on your side makes all the difference.

At the Law Office of Lina Baroudi in San Jose, CA, we support clients across Northern California and worldwide through the process of removing conditions on green cards obtained through marriage. We know what USCIS looks for and how to present the strongest case.

You’ve worked hard to build a life in the United States. Don’t risk your status by trying to handle the conditions removal process alone. Contact us today to discuss how we can help you secure permanent residence and keep your American dream on track.