Removal of Conditions
Removal of conditions on permanent residence is the act of adjusting conditional resident status to permanent resident status. Green cards obtained through marriage are only valid for two years and are non-renewable. Any immigrants who have conditional resident status must apply to remove conditions before their status expires.
Our immigration attorneys can help. Contact the Law Offices of Scott Warmuth today at 888-517-9888 for a free consultation.
Eligibility Criteria for Removal of Conditions
Conditional status is given because immigrants by marriage must demonstrate that their marriage is not solely to evade United States immigration laws. There are several ways to prove eligibility for removal of conditions.
- You are still married to the same U.S. citizen or permanent resident
- You are a widow or widower who married in good faith
- You entered into marriage in good faith, but suffered domestic violence or extreme hardship from your spouse
- You entered into marriage in good faith, but the marriage ended in divorce or annulment
- Your removal from the United States would results in extreme hardship
How to Apply for Removal of Conditions
In most circumstances, 90 days before your second anniversary as a conditional resident, you and your spouse should file Form I-751, Petition to Remove Conditions on Residence. If you are divorced or suffered domestic violence, you can apply to waive the requirement of applying with your spouse and file more than 90 days before your second anniversary. Removal of conditions procedures for your children will depend on when they received conditional resident status. The full process from the USCIS can be found here.
Speak with an Immigration Lawyer!
Our immigration law firm has been helping immigrants to the United States obtain green cards for more than three decades. We understand the complexities behind the removal of conditions process and can provide expert legal advice to ensure your immigration needs are met. The Law Offices of Scott Warmuth can help you and your children secure permanent legal residence.