REMOVE 2-YEAR MARRIAGE CONDITION

Permanent Residency based on marriages that are less than 2 years old, is conditional. To become a Lawful Permanent Resident, you and your spouse will have to jointly file Form I-751 after you have been married for two years, in order to have the conditions removed

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Conditional permanent residents receive a green card good for only 2 years. If you have a green card based on a marriage that was less than two-years old when you got it, your green card is conditional. The conditional green card is similar to a probationary period. During this time, a couple will build a record of marriage and at the end of the 2 years, they will file jointly to have those conditions removed.

The conditional green card is not renewable. The conditions must be removed or the green card will be terminated, as will all the rights associated with it, including the right to live and work in the U.S.

Related form: I-751

WHO IS ELIGIBLE?

You may be eligible to remove the residence conditions on your 2-year marriage-based green card if:

  • After 2 years, you are still married to the same U.S. citizen or permanent resident who petitioned for you.
  • As a child, you have a legitimate reason for not being able to be included on your parents’ application
  • You are a widow(er) who entered into your marriage in good faith
  • You or your child endured battery or exceptional cruelty at the hands of your U.S. citizen or permanent resident spouse after you entered into the marriage in good faith

How to Apply to Remove the Conditions

You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

If  You Are No Longer Married To Your Spouse 

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed !! from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

How long does it take to process the I 751?

After filing the I-751 petition to remove conditions on your green card, the processing time takes about 6-12 months 

How much does form I 751 cost?

The filing fee for Form I-751 is $595. A biometric services fee of $85 is also required.

When can I remove conditions on green card?

You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident.

Can I travel after filing I-751?

Yes. You are still a lawful permanent resident even after your green card is expired and while your I-751 is pending. However, there are limitations on the travel rights of conditional as well as permanent residents.

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    With more than a decade in the field, Julia Greenberg has earned a reputation as a highly successful immigration attorney. Since 2006, she has represented countless corporate and individual clients in complex matters ranging from removal (deportation) to asylum, family, business and investor’s petitions, and employment-based cases.

    Authorized to practice in immigrant courts throughout the United States, Ms. Greenberg may also appear before the 2nd Circuit Court of Appeals, U.S. District Courts for the Southern, Northern, and Eastern districts of New York, and the New York Supreme Court. Ms. Greenberg takes pride in helping clients who have been unable to get satisfactory results elsewhere. Her honesty and compassion, combined with her expertise and vast knowledge of immigration law make her a formidable opponent in court – resulting in a long list of satisfied clients and positive referrals.

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    • Avatar Kate Burtsev ★★★★★ a month ago
      All through our immigration process, which took about 5 years, Julia Greenberg demonstrated professionalism, exemplary work ethics and deep knowledge of immigration law. She was always available and provided thought through answers to our … More multiple questions. In my opinion, what really distinguishes Julia from other immigration lawyers we have worked with is that she is willing to go the extra mile for her clients. The fact that the prosecutor in our case complimented Julia for her outstanding effort serves as the best proof of her professionalism.
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      This firm is just amazing ! I wouldn’t have picked a better immigration lawyer. Julia is amazing she is very understanding and took care of my husbands and I case very throughly. My case was a bit complicated and she helped us manage it … More . She helped us prepare very well . Julia was also very responsive at all times . I recommend her team in a heart beat to anyone who needs help in immigration matters. Amazing results!
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      I am an athlete whose I-140 was initially denied by the USCIS. I was lucky to find Julia, who in just couple of days was able to correct my case and  gather, review necessary documents and file a timely appeal. In just 3 months after she … More did it, my case was approved. Thanks to Julia I am now designated to be extraordinary in the eyes of USCIS.
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      It was a pleasure working with Julia! She is a very professional immigration layer and is very responsive, which was very important to us.
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