Explaining Removal of Conditions

Introduction

If you were married to a U.S. citizen for less than two years when applying for U.S. residency, you are granted conditional resident status, which remains valid for two years. 

To remove the conditions on your status, you must file Form I-751 before your conditional residency expires. According to the latest Quarterly Statistics from USCIS, there were 33,469 applications for Form I-751, with only 1,330 denials, which renders that once you become a conditional resident with good moral character then your chances of becoming a permanent resident are better if you are well versed with the process.

The conditional residency status granted to the spouses is to ensure that the marriage is genuine and that the applicant does not do it solely for immigration. Now, if you want to extend your stay for more than 2 years, you must apply for removal of conditions to become a permanent resident and obtain a permanent green card by filing Form I-751 at the USCIS.

What is a Conditional Green card?

A conditional green card or CR1 visa, is a card that allows you to live and work in the United States just like any other green card holder but is only limited to two years. If you want to extend your stay in the US then you are required to apply for Removal of conditions within the 90-day window that is before the Conditional green card expires.

What is Conditional Permanent Residency?

With a conditional green card, you get conditional permanent residency which is valid for 2 years without any interference till the expiry. The conditional permanent residency cannot be renewed like a permanent resident card which is eligible for renewal after the expiry of 10 years.

Which form is used for the Removal of conditions from the green card?

Form I-751 is the Petition to Remove Conditions on Residence, which is filed with the United States Citizenship and Immigration Services (USCIS) to remove the individual’s conditional green card status. The applicant and their spouse submit this form together within 90 days before the conditional residency green card expires.

What happens if you don’t remove conditions on your green card?

If you do not remove conditions from your green card then you will not be able to stay in the United States and as soon as the 2 years expire your presence in the States will be considered illegal and deportation proceedings will begin against you.

Whether the decision for removal of conditions at the discretion of the USCIS?

Removal of conditions on the conditional green card is not the discretion of the USCIS; rather it is the eligibility that if you satisfy all the terms such as bona fide marriage, marriage not terminated; marriage terminated based on death, etc then you are eligible. However, granting a waiver for filing removal of conditions application separately is at the discretion of the USCIS.

What steps are to be followed for the removal of conditions from a conditional green card?

Step 1: You should submit the form I-751 for removal of conditions to the USCIS either in print or written within 90 days of your expiration of the 2-year conditional residency.

Step 2: You will have to prove that your marriage is with bonafide intent and to support this you will have to provide documents as well when filing together, however, if you are not filing together then you will have to provide reasons for the same.

Step 3: After you have submitted your petition for removal of conditions, you will receive a mail confirming that your petition has been received. Thereafter, this receipt has the ability to act as a document proving your legal status while you live in the United States after the expiration of the CR visa for up to 18 months and more up until your petition is decided.

Step 4: After all this, USCIS reviews your petition. If all the documents are provided, you will be sent the USCIS biometrics appointment.

Step 5: After the appointment, an interview will be scheduled with the USCIS official who will verify all the details provided in the application. 

Step 6: If everything goes well, your application will be approved by USCIS, and you will be issued a permanent green card that is valid for another 10 years.

When do you have to apply for Removal of Conditions?

You will have to apply for the removal of conditions in the following situations:

1. If you are still married your marriage has been more than 2 years old or your Conditional resident status is about to expire.
2. If you are not married due to the death of your spouse or divorce etc. but you want the conditional status to be removed.
3. In exceptional cases where your CR has expired, you will have to outline your reasons for not filing sooner which will only be accepted in  “extraordinary circumstances”.

Can removal of conditions be filed separately?

Generally, the conditional resident is supposed to file for removal of conditions along with the partner but there can be certain circumstances where it is not possible therein you will be required to file separately, below discussed are the eligible situations for Waiver:

1. If you are divorced from your partner, you will have to prove that the marriage was entered with bonafide intent.
2. Your partner died and therefore you cannot file jointly.
3. You or your child was subjected to abuse or cruelty by your partner therefore you are filing separately.
4. If the applicant cannot file with the partner but can demonstrate that if he/she is deported that will cause extreme hardships

What documents are required for the removal of conditions?

The documents generally required are as follows:

1. Copies of Your Permanent Resident Card (Front and back)
2. Copies of Your Children’s Permanent Resident Cards (If Any)
3. Documents that are the evidence of your marriage proving that it was entered into in good faith such as bank account statements, birth certificates of children born to the marriage, photographs, etc. 
4. Include any documents that are related to any court dispositions for any relevant charges or arrest records. 
5. If you are filing from outside the United States on U.S. Military or Government Orders then you must include
   • Two passport-style photographs for each petitioner and dependent
   • Two completed Form FD-258 Fingerprint Cards for each dependent (14 to 79 years old)
   • A copy of current military or government orders.

What documents are required if you are not filing jointly for Removal of conditions?

There can be different situations while filling for removal of conditions which will require extra documents as per the need which are discussed below:

A. If you are filing due to the death of the Spouse 

1. Death Certificate
2. Specify the reason why you are filing separately.

B. If you are divorced or there has been an annulment

1. Final Divorce or Annulment Decree
2. Proof related to the Termination of the Relationship
3. Specify the reason why you are filing separately.

How much does it cost to remove conditions on a conditional green card?

The current fee for Removal of conditions from a Conditional green card is $750 as of 2024. However, you can also check the same on the USCIS website. The payment can be made by either of the following method: money order, personal check, cashier’s check, or credit card (if done at the USCIS Lockbox facility)

What is the time taken to process Form I-751 for the removal of conditions?

The usual processing time for removal of conditions applications is around 22 months as per the latest USCIS records which can also be extended up to 3 years because of the wait time and the load of applications in the USCIS.

In what circumstances can the removal of conditions application be denied?

Removal of conditions petition can be denied in the following situations:

1. If it is discovered that the marriage was instituted solely for immigration and that it was judicially annulled.
2. If the application is not filled within the timeframe given for the petition
3. If the applicant did not attend the interview
4. If the information in the petition is wrong or fraudulent.
5. If you supply any false information then you will be subjected to criminal penalties, so make sure that your document submission is of the true document.

What happens if your Removal of conditions application is denied?

If under any circumstances your application is rejected or denied by the USCIS, then the authority will send you a notice about it which is called a Notice to Appear (NTA) after which you will be required at the immigration court. Now here you can argue your case and file another application on different grounds which can further be approved or rejected. 

What is the difference between green card renewal and removal of conditions from the Conditional green card?

Green card renewal is done by the already existing permanent green card holders which have the validity of 10 years, now after 10 years they are supposed to renew their permanent green card for a legal peaceful stay whereas removal of conditions from the green card is for those who are given a conditional green card which is valid for only 2 years after which the holder will have to remove conditions to get the permanent residency.

For green card renewal, Form I-90 is submitted at USCIS whereas for removal of condition and issuance of permanent green card Form I-751 is filed. 

Conclusion 

Filing to remove conditions on your green card is an essential step to maintaining your legal status in the U.S. Whether you’re filing with your partner or on your own due to unique circumstances, it’s crucial to get everything right and meet the deadlines.

Navigating Form I-751 involves gathering the right documents, understanding the requirements, and staying on top of deadlines, which can feel like a lot to manage. That’s where FileRight comes in. We ensure your forms are filled out correctly, your documents are complete, and you’re prepared for every step along the way. With our help, you can be confident that your application is ready to file without any guesswork.