Your 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. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Your status is conditional because you must prove that you did not get married to evade the immigration laws of the United States.

If you are a conditional permanent resident who obtained status through marriage and want to apply to remove the conditions on your permanent resident status.

Your conditional permanent resident status is only valid for two years and cannot be renewed if you:

Received your conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, or were admitted to the United States as a fiancé(e) of a U.S. citizen and then married the U.S. citizen.

Instead, you must file a petition to remove the conditions on your permanent resident status or risk losing your lawful status.

Eligibility, in general, you must file a Form I-751, Petition to Remove Conditions on Residence, with your spouse within 90 days of your two-year Green Card (officially known as Form I-551, Permanent Resident Card) expiring. If you do not submit Form I-751, USCIS may automatically terminate your status and issue you a Notice to Appear (NTA).

If you are a conditional permanent resident child, you may be eligible to be included on your parent’s Form I-751 if you received your status on the same day as your parent or within 90 days after your parent received conditional status. Otherwise, you must file your own Form I-751 with your stepparent.

You may file Form I-751 to remove conditions on your permanent residence status without your spouse or stepparent at any time after you are granted conditional status if:

You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died.

You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment.

You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse.

Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse, or termination of your status and removal from the United States would result in extreme hardship.

You must:

Carefully read the instructions of the Form I-751.

Complete and sign your Form I-751.

Pay the filing fee, if applicable; and provide all required evidence and supporting documentation.

After you file:  Once the USCIS receives your Form I-751, USCIS will process your petition and then you will receive a:

Receipt notice confirming from USCIS received your petition.

Biometric services notice, if applicable.

Notice to appear for an interview, if required; and a notice of USCIS decision.

Forms can be download for free from the USCIS website and be able to use the USCIS calculator to help you determine your fee.

Uniting Families Immigration Services is here to make this process easier and assist you step by step with your visa application. We have a bilingual English and Spanish support team available to provide helpful answers and explanations to your questions and concerns. Immigration rules, laws, and fees are changing. We encourage you to start your Immigrant and Non-Immigrant visa application process today. Do not hesitate, contact us right now to make an appointment via email, skype, or WhatsApp for your first free consultation.