What is a Removal of Conditions (Conditional Green Card)?

Removal of Conditions is required when the resident obtained their Green Card prior to being married for 2 years to their petitioning spouse. The government authorizes a 2-year conditional card for the new resident and requires that the resident return in two years and show that they are either still married in good faith to the same person or, if divorced, that the marriage was in good faith and legitimate, and ended for normal reasons. A divorced filing requires a waiver.  

The Removal of Conditions procedure includes not only submission of various forms and documents, but could require an interview at an office of the U.S. Citizenship and Immigration Services (USCIS). Many people believe that this is as simple as submitting a form, however, the government is very strict and requires a good amount of evidence to approve the removal.

Who is Eligible for Removal of Conditions?

A person is not only eligible for a Removal of Conditions, but is required to file for the Removal between 1 year and 9 months and 2 years of the date that they received their green card initially. If a person has gotten divorced, they must seek to immediately file for their removal of conditions because they have technically already violated the conditions of their residency and are out of status. This divorced filing requires a waiver.

What Documents do I need to file for Removal of Conditions?

This is proprietary information; however, we can say that most people underestimate the document filing requirements for this process. They will just file the form and not the accompanying required proofs, and their case is inevitably denied. We help you have a much higher chance of receiving a favorable outcome in your case. 

The completed packet of forms, documents, photos, and fees must be submitted to the USCIS office having jurisdiction over your U.S. place of residence.

After you submit your packet, USCIS will review it for completeness. If something is missing, USCIS will return the whole thing to you for refiling (send you an or Request for Evidence).

Removal of Conditions on a Conditional 2-Year Residency Green Card

Conditional permanent residency is granted to individuals who have been married to a U.S. citizen for less than two years at the time of obtaining their green card. To become a permanent resident without conditions, the conditional resident must apply to remove the conditions on their residency.

Requirements for Removal of Conditions

To remove the conditions on a green card, the following requirements must be met:

• File Form I-751, Petition to Remove Conditions on Residence.
• Submit the petition within the 90-day period before the conditional green card expires.
• Provide evidence of a bona fide marriage, such as joint financial documents, lease agreements, and affidavits from friends and family.

Who Must Apply and When

The following individuals must apply for the removal of conditions:

• Conditional residents who obtained their status through marriage to a U.S. citizen.
• The petition must be filed jointly with the U.S. citizen spouse within the 90-day period before the expiration of the 2-year green card.

Process for Those Separated or Divorced

If a conditional resident is separated or divorced and cannot file a joint petition, they may apply for a waiver of the joint filing requirement by proving:

• The marriage was entered into in good faith but has ended in divorce or annulment.
• They were not at fault for failing to file the petition on time.

Process for Those Subjected to Extreme Cruelty

Conditional residents who are subjected to extreme cruelty or abuse by their U.S. citizen spouse may apply for a waiver of the joint filing requirement by demonstrating:

• The marriage was entered into in good faith.
• They have been subjected to battery or extreme cruelty by their U.S. citizen spouse.

Evidence such as police reports, restraining orders, medical records, and affidavits from witnesses can support the claim.

USCIS Filing Fee and Processing Time

The USCIS filing fee is: $750. An applicant filing under extreme cruelty will not have to pay a USCIS Filing Fee.

Processing times for the removal of conditions can vary but typically range from 24 to 48 months.

It is crucial for conditional residents to apply for the removal of conditions in a timely manner to avoid losing their residency status. For comprehensive and effective assistance, Allcanza provides guidance to ensure that applications are accurately prepared and submitted.