Removal of Conditions

/ Family based

Conditional resident status is a temporary immigration status granted to certain individuals who obtain lawful permanent residency (a green card) based on marriage to a U.S. citizen or lawful permanent resident. This conditional status is initially valid for two years and is intended to help ensure that the marriage is genuine and not a fraudulent attempt to obtain immigration benefits. Conditional resident status is often granted as a two-year conditional green card.


What is the basis for conditional legal status?

Conditional resident status is typically granted to individuals who obtain a green card through marriage to a U.S. citizen or permanent resident. It is important to note that this status is not limited to newlyweds but applies to anyone who has been married for less than two years at the time their green card application is approved.

How long does conditional legal status valid for?

A conditional green card, or conditional resident status, is valid for a period of two years. The two-year clock begins on the date the immigrant spouse receives their green card.

What is the purpose of a conditional legal status?

The primary purpose of the two-year conditional status is to allow U.S. immigration authorities to assess the validity of the marriage. This is done to prevent fraudulent marriages where one or both parties entered into the marriage solely for immigration purposes.

How can I remove the conditions?

To remove the conditions and become a permanent green card holder, the conditional resident must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the expiration of the two-year conditional green card.

Normally, the petition to remove conditions (Form I-751) is filed jointly by the conditional resident and their U.S. citizen or permanent resident spouse. Joint filing demonstrates that the marriage is genuine. Both spouses must sign the petition.

What if I got separated from my spouse?

In certain circumstances, joint filing may not be possible due to divorce, abuse, or the death of the U.S. citizen or permanent resident spouse. In such cases, the immigrant spouse may request a waiver of the joint filing requirement.

What happens after my I-751 got approved?

Upon approval of the Form I-751 petition, the conditional resident's status is adjusted to permanent resident, and they receive a permanent green card valid for ten years.

How can Kananchuk Law office help holders of conditional Green Card?

It's essential for conditional residents to carefully follow the USCIS guidelines for filing Form I-751 and to provide the necessary supporting evidence to establish the validity of their marriage. Our experienced immigration attorney will ensure that the process is completed correctly and to address any potential issues that may arise during the removal of conditions process.

Please call our office to see how we can help you.

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