Removal of Conditions on Permanent Residence

Anybody who holds a marriage-based Green Card and has been married for less than two years is granted conditional permanent residency in the United States. The purpose of making residence conditional was the purportedly high rate of fraudulent marriages in the past in order to gain entry into the country. United States Citizenship and Immigration Services (USCIS) wants to be as certain as possible that the marriage wasn’t entered into for purposes of availing to the benefits of immigration.

The Petition to Remove Conditions

A Petition to Remove Conditions is known as Form I-751. In order to remove conditional residence status, both the conditional permanent resident and his or her spouse must file that Form I-751 within 90 days of the second anniversary of the date when his or her Green Card was issued. Don’t be confused by the word “anniversary.” The USCIS is referring to the two-year anniversary of conditional residence status and not the anniversary of your marriage. Assuming that the petition is granted, an additional 10 years of lawful permanent residency is given.

Who Can File a Form I-751?

A conditional permanent resident can seek to remove permanent residence conditions if that individual:

  • Has remained married to his or her spouse for the past two years.
  • His or her spouse died, and the conditional resident entered into the marriage in good faith.
  • Is now divorced, but the conditional resident entered into the marriage in good faith.
  • Was married in good faith, but the conditional resident or their children were physically or sexually abused by the spouse.
  • Other rare circumstances involving children.

What About Removing Conditional Residence for My Children?

If your child or children obtained conditional residency at the same time that you obtained it or within 90 days of the date that you obtained it, you can include them on your Form I-751. Additional biometrics fees and supporting documents will be required. If they obtained conditional residence more than 90 days after you, an additional Form I-751 will be required for each child.

What Do I Send USCIS to Remove Conditions of Residency?

The Form I-751 should be completed and signed by both the conditional permanent resident and his and her spouse. Be sure to date it. The biometric fee should accompany the petition. Then, you’ll want to enclose copies of the following documents with the petition:

  • The front and back of the conditional green card.
  • Two current passport-size photos of the conditional permanent resident and any of his or her children that may be included in the petition.
  • Evidence of a bona fide marriage that was entered into in good faith. That evidence might consist of copies of joint deeds, leases, bank accounts, bills, vehicle titles, joint tax returns or other documents evidencing the fact that the husband and wife reside at the same address.

Supplemental Requirements

Upon review of your petition, USCIS may want more information or evidence to support it, including the originals of any copies that you already submitted. An interview might even be required, depending on the sufficiency of the evidence. Processing times are anywhere between a year and more than two years, depending on which servicing center is used.

Contact a California Immigration Lawyer.

The lawyers at Maison Law Immigration Lawyers are astute and dedicated lawyers who can assist you in seeking removal of conditional residence status. It’s a tedious and confusing process, and you don’t want to jeopardize your residency because of errors or omissions. You’ll best serve yourself and your family by consulting with and retaining legal counsel. Maison Law Immigration Lawyers serves California’s Central Valley and beyond. We’ll be pleased to review your situation as soon as you contact us to arrange for a confidential consultation. Like you, we want you to enjoy the benefits of lawful permanent residency as soon as possible.