Petition to Remove Conditions

The Petition to Remove Conditions (Form I-751) is used by conditional residents who obtained their green card through marriage to a U.S. citizen or lawful permanent resident. This form is filed to remove the conditions placed on their permanent resident status and obtain a 10-year green card. Conditional residency is typically granted to individuals who were married for less than two years at the time of their green card approval, requiring them to prove that the marriage was bona fide and not entered into for immigration purposes.

Eligibility Requirements:

• Conditional Status: You must currently hold a conditional green card, typically granted to individuals who were married for less than two years when their green card was approved.
• Marriage: You must file the petition jointly with your spouse unless you qualify for a waiver. This means you need to demonstrate that your marriage was genuine and not entered into solely for immigration benefits.
• Proof of Bona Fide Marriage: Provide evidence that your marriage was legitimate, such as joint financial documents, shared property, and other proof of a genuine relationship.
• Timely Filing: File Form I-751 within the 90-day period before your conditional green card expires. Filing late may result in loss of permanent resident status.
• Waiver Eligibility: If you are filing separately from your spouse, you must qualify for a waiver by demonstrating that you were abused or that the marriage was terminated, or that removal would cause extreme hardship.