Understanding Condition Removal for Green Card Holders

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If you obtained your green card through marriage and were married for less than two years at the time of issuance, your green card is considered “conditional.” This means it is only valid for two years, and to become a permanent resident of the United States, you must undergo a process called condition removal to obtain a 10-year green card.

What is a Conditional Green Card?

A conditional green card permits you to reside and work in the United States like any other green card holder, but only for a period of two years before you must update your status to a full, ten-year green card. Failure to adjust your immigration status within the 90-day window before your conditional green card expires could result in the loss of your permanent resident status, requiring you to leave the United States. It’s important to note that conditional green cards are not renewable.

Removing Conditions

To remove conditions on a green card obtained through marriage, you must file Form I-751, Petition to Remove the Conditions of Residence. For entrepreneurs seeking to remove conditions on their green cards, Form I-829, Petition by Entrepreneur to Remove Conditions, must be filed.

Form I-751, Petition to Remove Residency Restrictions

If you are a conditional permanent resident who obtained your status through marriage and wish to remove the conditions on your status, you need to complete this form.

Eligibility

You must file with your spouse within 90 days of the expiration of your two-year green card (officially known as a Permanent Resident Card). Failure to file on time may result in USCIS terminating your status and issuing a Notice to Appear.

If you obtained conditional permanent resident status on the same day as your parent or within 90 days of receiving conditional status, you might be eligible to be included on your parent’s petition. Otherwise, you’ll need to submit a petition with your stepparent independently.

You may file to remove conditions on your permanent residence status without your spouse or stepparent at any time 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 subjected to abuse or extreme cruelty by your spouse.
Your parent entered into the marriage in good faith, but you were subjected to abuse or extreme cruelty by either your parent or your parent’s spouse.
Termination of your status and removal from the United States would cause extreme hardship.