Removing Conditions From Your Marriage-Based Green Card

If your marriage was less than two years old when you obtained immigrant status through marriage to a U.S. citizen or permanent resident, you were issued a conditional green card. You are required to file an Form I-751 joint petition with your petitioning spouse within 3 months of the expiration of your conditional permanent residence. This rule is intended to prevent foreigners from obtaining residency through marriage fraud.

The immigration lawyers of Gurnani & Gurnani, Attorneys at Law, can help you move from conditional status to permanent legal resident.

I-751 Petition To Remove Conditions (Still Married)

You and your spouse must file a joint petition within 3 months prior to the second year anniversary of receiving your conditional green card. If you miss the deadline, the U.S. Citizenship and Immigration Services (USCIS) will issue a Notice To Appear (NTA) in immigration court.

Children of the foreign spouse can join the petition if they received conditional status on the same day as their parent. Otherwise, children will have to file their own I-751 petitions.

Removing Conditions On Residence If You Are Separated or Divorced

It may be possible for a noncitizen spouse or their child to remove conditional status and stay in the United States even if the conditional resident spouse is no longer married to the U.S. citizen or permanent resident. Each of the following scenarios requires that the marriage was entered in good faith at the time:

• Death of the spouse or stepparent
• Divorce or annulment of the marriage
• Domestic abuse by the spouse or stepparent (battery or extreme cruelty)
• Extreme hardship if terminated and deported

Removing conditions as an individual requires a special waiver and substantial documentation. Our attorneys have 35 years of experience in immigration law. They can help you explain your circumstances to the USCIS and provide the proper evidence so that you are allowed to stay and work in the United States and obtain legal permanent residence.

Waiver on the Petition

If for some reason the couple is unable to file the joint petition, they will be required to file a waiver of the requirement of filing the joint petition.

Take Action To Keep Your Resident Status

We have helped many immigrants file their I-751 petitions to remove the conditions on their green cards, or to file a waiver for the same. We make sure that your paperwork is all in order and filed properly, and we can address any potential problems with your case.

To schedule a consultation, call our office in Edison at 732-494-8900 today or contact us by email.