Conditional Residency

Persons married for less than two years to their U.S. citizen or lawful permanent resident spouse on the day they were granted permanent residency are conditional residents. Conditional residents have the same rights as permanent residents, including the right to work in the United States and the right to petition on behalf of certain family members.
Filing Deadline

Petitions to remove conditions must be filed within 90 days before the two year anniversary of when the green card was issued. Failure to file within the required 90-day window automatically results in loss of immigration status, which may lead to removal from the United States. Certain exceptions to this filing deadline apply.

Eligibility

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.

If you are no longer married to your spouse

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent. You may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

Denials

If your case is denied, USCIS 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.

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