Removal of Conditions

When you receive a green card through marriage, it comes with certain conditions if you’ve been married for less than two years. These conditions serve as a safeguard to ensure that the marriage was entered into in good faith and not for the sole purpose of obtaining immigration benefits. As a conditional permanent resident, you are granted temporary residency, which requires removal of conditions before your two-year green card expires. Failure to remove these conditions can lead to the loss of your residency status and possible removal from the U.S.

Why Is Your Residency Conditional?

The U.S. government places conditions on your green card to prevent fraudulent marriages for immigration benefits. To remove these conditions and prove your marriage was genuine, you must file a Petition to Remove Conditions on Residence within 90 days before the second anniversary of your conditional green card.

Who Can Apply to Remove Conditions?

You may apply to remove conditions if any of the following apply to you:

• You are still married to the same U.S. citizen or lawful permanent resident.
• You are a child who was included in your parent’s green card application but cannot be included in their petition to remove conditions.
• You are a widow or widower of a U.S. citizen and entered the marriage in good faith.
• You entered a marriage in good faith, but the marriage ended in divorce or annulment.
• You or your child were victims of abuse or extreme cruelty by your U.S. citizen or permanent resident spouse.
• The loss of your conditional residency would result in extreme hardship.

Typically, both spouses must jointly file the petition during the 90-day period before the green card expires. However, if you are no longer married, or if you suffered abuse or hardship, you may file alone and request a waiver of the joint filing requirement.

What Happens if You Don’t Apply in Time?

Failing to remove the conditions on your green card within the required time frame can lead to serious consequences:

• Your conditional resident status will automatically expire.
• You may be placed in removal proceedings.
• You will receive a Notice to Appear before an immigration judge, where you must present evidence that you complied with the requirements.

However, if you miss the deadline, you may still file late if you can demonstrate a valid reason for the delay. An experienced attorney can help you explain your situation and work to preserve your residency status.

Special Circumstances: What if You’re No Longer Married?

If you’re no longer married to the spouse who sponsored your green card or if you’ve experienced abuse, you don’t have to file jointly with your spouse. You may request a waiver and file on your own. This is especially important if you or your child were subjected to physical or emotional abuse. Rest assured, U.S. Citizenship and Immigration Services (USCIS) will handle your case confidentially, and your abuser will not be notified of your filing.