Removal of Conditions on a Green Card: Securing Your Permanent Residency
A conditional green card is issued to individuals who obtained their green card through marriage but have been married for less than two years at the time of approval. To maintain lawful permanent residency, conditional residents must file for removal of conditions before the two-year card expires.
At Cho Law LLC, we specialize in assisting individuals through the Form I-751 petition process, ensuring all necessary evidence is provided to establish a bona fide marriage or qualify for a waiver. This guide explores the three primary options for filing a petition: joint filing, the bona fide marriage waiver, and the extreme cruelty waiver.
Why File for Removal of Conditions?
A conditional green card is only valid for two years, and failing to remove conditions can result in the loss of permanent residency and potential removal proceedings. Benefits of filing include:
- Retaining lawful permanent residency status in the U.S.
- Continuing work and travel privileges without restrictions
- Providing a pathway to U.S. citizenship through naturalization
Let’s explore the three available filing options and their eligibility requirements.
Option 1: Joint Filing with a U.S. Citizen or Green Card Holder Spouse
If you are still married to the same U.S. citizen or lawful permanent resident spouse, you can jointly file Form I-751 to prove that your marriage was entered into in good faith.
Eligibility Requirements:
- You must file within the 90-day period before your conditional green card expires
- Evidence must be provided that your marriage is legitimate and ongoing
- Both spouses must sign the petition unless an exception applies
Supporting Evidence:
- Joint financial documents (bank statements, mortgage, lease, tax returns)
- Photos together over the course of the marriage
- Affidavits from friends and family attesting to the legitimacy of the marriage
- Birth certificates of any children born during the marriage
Key Benefits:
- A straightforward pathway to permanent residency for married couples
- If approved, you receive a 10-year green card
- Can include dependent children if they obtained conditional residency at the same time
Option 2: Bona Fide Marriage Waiver (Divorce or Death of Spouse)
If your marriage ended due to divorce or the death of your spouse, you may still qualify for a green card by filing Form I-751 with a bona fide marriage waiver.
Eligibility Requirements:
- You must demonstrate that your marriage was entered into in good faith, even though it ended
- You must provide sufficient evidence that the relationship was legitimate before divorce or the spouse’s passing
Supporting Evidence:
- Joint financial records from the marriage period
- Correspondence between you and your spouse
- Evidence of cohabitation (lease agreements, utility bills, shared addresses)
- Divorce decree or death certificate
- Affidavits from family, friends, or colleagues confirming the authenticity of the marriage
Key Benefits:
- Allows conditional residents to maintain permanent residency status despite divorce or widowhood
- No requirement to remain married for two years if the marriage ends prematurely
- Provides independence in removing conditions without the spouse’s involvement
Option 3: Extreme Cruelty Waiver (Abuse by Spouse)
If you have been a victim of domestic violence or extreme cruelty by your U.S. citizen or permanent resident spouse, you may qualify for a waiver based on abuse.
Eligibility Requirements:
- You must provide evidence that your spouse subjected you to physical, emotional, or psychological abuse
- The abuse must have occurred during the marriage
- You must still prove that the marriage was entered into in good faith
Supporting Evidence:
- Police reports, restraining orders, medical records, or shelter records
- Psychological evaluations or therapy records
- Sworn affidavits from social workers, family, or friends
- Emails, text messages, or letters documenting the abuse
Key Benefits:
- Protects survivors of domestic abuse from having to rely on their abuser for immigration status
- No requirement for the abusive spouse to sign or participate in the filing process
- Ensures a safe and independent path to permanent residency
How Cho Law LLC Can Help
The removal of conditions process requires thorough documentation and strategic legal representation. At Cho Law LLC, we provide tailored support for all Form I-751 petitions, whether you are filing jointly, seeking a waiver due to divorce, or applying under the extreme cruelty waiver.
Our Services Include:
- Case Evaluation: Determining the best filing option for your situation
- Comprehensive Documentation: Ensuring your petition includes compelling evidence
- Petition Preparation: Crafting a persuasive submission to USCIS
- Legal Representation: Handling all communication with USCIS and responding to requests for evidence
Frequently Asked Questions (FAQs)
Q: When should I file for the removal of conditions?
- You must file within 90 days before your conditional green card expires. Failure to file may result in loss of status and possible removal proceedings.
Q: What happens if my spouse refuses to sign Form I-751?
- If your spouse refuses to cooperate, you may apply for a waiver based on divorce, abuse, or hardship.
Q: Can I still apply if my divorce is not final?
- Yes, but USCIS may issue a Request for Evidence (RFE) requiring a final divorce decree before approving the petition.
Q: What happens after I file Form I-751?
- After filing, USCIS will issue a receipt notice extending your conditional residency while your case is pending. A biometric appointment and interview may be required.
Q: Will I need to attend an interview?
- In some cases, USCIS may waive the interview. However, interviews are more common in cases with insufficient documentation or red flags.
Contact Cho Law LLC Today
Ensuring a smooth transition from a conditional green card to permanent residency is crucial for maintaining your legal status in the U.S. Our experienced immigration attorneys are here to help you navigate the process with confidence.
Schedule a Consultation Now