How Do You Remove Conditions from a Permanent Resident?
If you received a 2-year conditional green card (usually through marriage to a U.S. citizen or permanent resident), you must file a petition to remove the conditions before your green card expires. This process allows you to become a 10-year lawful permanent resident.
Here’s how the process works:
1. Understand Who Needs to Remove Conditions
You must remove conditions if you received a conditional permanent resident (CPR) card based on:
- Marriage to a U.S. citizen or green card holder (within 2 years of the marriage)
- Entrepreneur/investor visa (EB-5 program)
This guide focuses on marriage-based cases for conditional residents.
2. File Form I-751, Petition to Remove Conditions on Residence
You must file Form I-751 with U.S. Citizenship and Immigration Services (USCIS) during the 90-day window before your green card expires.
- Joint Filing: If you are still married, both spouses sign the form.
- Waiver Filing: You may file alone if:
- The marriage ended in divorce or annulment
- Your spouse passed away
- You or your child was abused or subjected to extreme cruelty
- You would suffer extreme hardship if removed from the U.S.
3. Include Strong Supporting Evidence
USCIS will look for proof that your marriage was genuine. Include:
- Joint tax returns
- Lease or mortgage in both names
- Utility bills
- Birth certificates of children
- Photos of shared life events
- Affidavits from friends or family who know your relationship
For waiver cases, include documentation of divorce, abuse, or hardship.
4. Pay the Filing Fee
As of 2024, the fee for Form I-751 is $750, which includes biometric services.
- You may request a fee waiver by submitting Form I-912 if you cannot afford to pay.
5. Submit to the Correct USCIS Address
Mail the completed form, documents, and fee to the appropriate USCIS lockbox based on your location. Always check the USCIS website for the latest mailing address.
6. Attend the Biometrics Appointment
After USCIS receives your petition, you’ll be scheduled for a biometric services appointment to provide fingerprints, a photo, and a signature.
7. Attend an Interview (If Required)
Some applicants may be asked to attend an interview to confirm the legitimacy of the marriage or review waiver claims. Prepare to answer detailed questions about your relationship and living situation.
8. Wait for USCIS Decision
- Approval: You will receive a 10-year green card and become a full, lawful permanent resident.
- Denial: You may be placed in removal proceedings, but you can challenge the decision in immigration court.
Important Tips
- File on time—late filings may lead to loss of status.
- Keep a copy of everything you submit.
- If your green card expires while the I-751 is pending, your receipt notice will automatically extend your status for 48 months.
- Consult an immigration attorney if your case involves a waiver or complications.
Conclusion
Removing conditions from your green card is an essential step toward permanent residency. By preparing thoroughly and filing Form I-751 with strong evidence and on time, you can secure your long-term status in the United States.
