Removal of Conditions:
A permanent resident is given the privilege of living and working in the United States permanently. A person’s permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status if obtained through the EB-5 investment program, which has different requirements than those discussed here (See EB-5 Section). In order to remove the conditions of the green card, the applicant must prove that they did not get married solely to obtain a Green Card.
When to File:
If you are filing “jointly”, you and your spouse are still married and the Form I-751 must be filed within the 90 days preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. To determine the correct time to file this application, check the “Resident Since” date on the front of your Green Card and calculate 1 year and nine months from that date for the start of your 90 day window to file.
If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions.
Once you file your Form I-751, you will be granted a 1-year extension on your Green Card which will allow you to continue to work and travel while your application is being processed. You will need to take the notice you receive together with your expired Green Card whenever travelling outside the U.S. before your application is approved.
If you fail to properly file Petition to Remove the Conditions on Residence within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and USCIS will order removal proceedings against you. You will receive a notice from USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. If, however, you have a valid reason for missing the deadline to file, our office can help you overcome this problem and we have often successfully obtained the Removal of Conditions, despite a late filing.
