This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.
An individual’s 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.
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. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
Are a child and, for a valid reason, cannot be included in your parents’ application;
Are a widow or widower who entered into your marriage in good faith;
Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
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.
Filing Form I751
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. 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.
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, USCIS will extend your conditional resident status until a decision has been made on your application, allowing you to continue to work legally in the U.S.