When does U.S. Citizenship and Immigration Services grant conditional permanent resident status?
If you obtain your green card based on a marriage to a U.S. citizen or lawful permanent resident and the marriage is less than two years old, U.S. Citizenship and Immigration Services will grant you conditional permanent residence. Any children that obtain a green card based on the marriage will also be granted conditional permanent residence. Conditional permanent residence is granted for two years.
In order to remove the conditions on permanent residence, you must file and I-751 Petition to Remove the Conditions on Residence with U.S. Citizenship and Immigration Services before your conditional permanent residence expires.
What are the requirements to file an I-751 Petition to remove conditional resident status?
The I-751 Petition to Remove Conditions on Residence must be filed no earlier than 90 days before the expiration and no later than the expiration of your conditional resident status. Generally, you must file this Petition jointly with your U.S. citizen or lawful permanent resident spouse. Joint filing requires that both you and your spouse must sign the Petition. The I-751 Petition must include evidence that you entered into your marriage in good faith. U.S. Citizenship and Immigration Services will approve your Petition if you provide sufficient evidence that you entered into your marriage in good faith.
What if I am no longer married to my U.S. citizen or lawful permanent resident spouse?
Not all marriages work out. Thankfully, U.S. immigration law recognizes this fact and allows the conditional permanent resident to file for a waiver of the joint filing requirement and proceed with filing the I-751 Petition to Remove Conditions on Permanent Residence. If you are no longer married to your spouse you can still file the Petition to Remove Conditions on Permanent Residence. You must file for the waiver and provide evidence that you entered into your marriage in good faith, but marriage ended through divorce or annulment. You must provide evidence of the divorce or annulment in the form of a certified copy of the divorce decree or annulment. You must also provide evidence that your marriage was bona fide.
What if I am separated from my U.S. citizen or lawful permanent resident spouse?
If you are no longer living with your U.S. citizen or lawful permanent resident spouse, you can still file the I-751 Petition to Remove Conditions on Residence before the expiration of your conditional residence. However, U.S. Citizenship and Immigration Services will require a certified copy of your divorce decree or annulment before it can approve your Petition. After filing the Petition, U.S. Citizenship and Immigration Services will send a request for evidence asking for this document.
Am I still a lawful permanent resident when my conditional green card expires after filing the I-751 Petition to Remove Conditions on Residence?
If you have properly filed the I-751 Petition to Remove Conditions on Residence, U.S. Citizenship and Immigration Services will extend your green card for a two-year period while your Petition is pending. This will be confirmed in the receipt notice sent by U.S. Citizenship and Immigration Services. During this time, you can continue to work, travel outside the U.S., and renew your driver's license.
Do I have to file a separate I-751 Petition to Remove Conditions on Residence for my child?
Your child may be included on your I-751 Petition to Remove Conditions on Residence if your child obtained conditional permanent residence at the same time or within 90 days of the time you obtained yours. If your child obtained conditional permanent residence more than 90 days after you did, then your child must file a separate I-751 Petition.
How can I get my I-751 Petition to Remove Conditions on Residence approved?
The key to filing a successful I-751 Petition to Remove Conditions on Residence is ensuring that sufficient evidence is included in the Petition. An immigration lawyer can help you ensure that you have included evidence that is sufficient in quantity and quality to maximize your chances of success.
