Removal of Conditions of Conditional Residency
What Does Removal of Conditions Mean?
Removal of conditions is for those who have entered the U.S. through a marriage-based visa. Typically, these individuals are given “conditional permanent resident status” when they enter the United States. Removal of conditions is the process in which the non-citizen spouse is granted a full permanent resident status.
There are many circumstances in which an individual may qualify for removal of conditions:
- They are married to the same permanent resident or U.S. citizen for 2 years after the conditional status was granted.
- The marriage ended in divorce or annulment.
- The marriage ended because the non-citizen spouse or child experienced domestic violence by the U.S. citizen spouse.
- They are a child and there is a reasonable explanation for why they were not included in an application with their parents.
- Termination of the current immigration status would cause extreme hardship to the applicant.
A knowledgeable immigration lawyer with the Patel Law Group can assist you with your petition and all your immigration matters. We have nearly 20 years of experience in a wide range of immigration cases, and we are well-versed in family-based visas. We hold membership in the AILA and the Federal Bar Association. We provide full disclosure and a total breakdown of our legal fees, so you will know exactly what you are being charged for. We employ advanced technological improvements to ensure that we have the correct information to help us efficiently handle your case.
Contact us online or call Patel Law Group at (888) 223-8176. Talk to a family-based visa attorney to help you remove conditional permanent resident status. We serve clients in Washington, D.C. and Baltimore.
What is Form I-751 used for?
When you obtain conditional resident status, the USCIS will notify you of your conditional status and the requirements for removal of the conditions. They do not send a second reminder. Within 90 days before the second anniversary of the date you obtained conditional resident status, you and your spouse(if you are still married) must file a form I-751, Petition to Remove the Conditions on Residence. Failure to do so will result in the loss of your resident status.
Filing for a Waiver to File the Joint I-751 Petition
The conditional permanent resident, acting alone, may apply for a waiver of the requirement to file the joint I-751 petition, at any time before, during, or after the 90 day filing window,
if the joint petition cannot be filed because:
- The marriage was terminated through annulment, divorce, or death of the petitioning spouse;
- The petitioning spouse refuses to join in filing the petition;
- A conditional resident child is unable to be included in the joint petition of the child's parent;
- The conditional resident is unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent; or
- Any other reason stated in the Act.
If the petition for removal of conditions is approved, the foreign national is notified, either in person during the personal interview at the district office of the USCIS, or by letter. In case of approval, the foreign national is either processed or instructed on how to be processed for a new green card.
If the petition or waiver application is denied, there is no appeal. The foreign national will be placed in removal proceedings, where the petition or application may be renewed before the immigration judge.