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Removal of Conditions

Bethel Law   →  Removal of Conditions

In certain circumstances, a foreign-national who obtains permanent resident status (green card) will have conditions placed on his or her status for a two-year period. One such instance is if the foreign-national obtains permanent residency through marriage to a U.S. citizen or a marriage to a lawful permanent resident. If the marriage is less than two-years old at the time the green card is adjudicated and approved, the foreign-national will receive a conditional lawful permanent resident card.

Within 90 days of the expiration of the two-year green card, the conditional permanent resident must file a petition for the removal of conditions. The couple must demonstrate that the foreign-national and the U.S. citizen or lawful permanent resident spouse entered the marriage in good faith in order for the conditions to be removed.

Generally, you may apply to remove the conditions on your permanent residence if one of the following situations applies to you:

  • You are still married to the same U.S. citizen or permanent resident after two years. Your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days.
  • You are a child and cannot be included in the application of your parents for a valid reason.
  • You are a widow or widower of a U.S. citizen, and you entered the marriage in good faith.
  • You entered a marriage in good faith, but the marriage ended through divorce or annulment.
  • You entered a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.
  • The termination of your conditional resident status would cause extreme hardship to you.

As with any aspect of U.S. immigration, it is strongly recommended to consult an experienced immigration attorney for guidance, especially in more complicated cases.

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