Immigration
Removal of Conditions
What is the removal of conditions and why do I need to apply for it?
USCIS grants conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident, provided the marriage is less than two years old the day you become a permanent resident.
Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. You must file Form I-751, Petition to Remove Conditions on Residence, to remove conditions.
Requirements
Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:
- You are still married to the same U.S. citizen or lawful permanent resident after two years;* or
- Your parent is still married to the same U.S. citizen spouse or lawful permanent resident after two years, and you are not included in your parent’s Form I-751.
What happens if the U.S. petitioner and I are no longer in a married relationship?
There may be situations that lead to separation or break in relationship with the U.S. petitioner. USCIS takes this situation in consideration and allows filing of removal of condition the U.S. citizen or lawful permanent resident spouse or stepparent if:
- The U.S. citizen or lawful permanent resident spouse or stepparent is deceased and you entered the marriage in good faith;*
- You married in good faith, but the marriage ended through divorce or annulment;*
- You married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse ;*
- Your parent married in good faith, but you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident stepparent or parent; or
- The termination of your status and removal from the United States would result in extreme hardship.*
You can file for removal of conditions 90 days before the expiration of the permanent resident card along with the supporting documents.