Removal of Conditions

A lawful permanent resident (“LPR”) who has been married to a U.S. Citizen or lawful permanent resident for less than two years at the time of his or her green card interview will initially receive a two-year “conditional” green card, rather than the typical green card that is valid for 10 years.

Prior to receiving a full, ten-year green card, an LPR must “remove” the conditions on his green card. He or she must file the Petition with USCIS within the 90 days immediately prior to the two-year green card’s expiration date. In order for the Petition to be approved, the conditional resident must prove that on the date of marriage, he entered into a bona fide marriage, rather than a fraudulent marriage entered into for the sole purpose of obtaining the green card.

To qualify to remove conditions on a green card, a conditional LPR must meet the one of the following requirements:

  1. He must remain married to the U.S. citizen or LPR petitioner when he files for the removal of conditions (note that the conditional permanent resident’s children can be included on his application if they are also conditional residents who received their conditional resident status at the same time or within ninety days of their parent’s receipt of conditional permanent resident status); or
  2. He must be a child who could not be included in his parent’s application; or
  3. He must be a widow or widower who entered into his marriage in good faith; or
  4. He must have entered into the marriage in good faith, but the marriage ended in a divorce or annulment; or
  5. He must have entered into the marriage in good faith, but either he or his child(ren) were battered or subjected to extreme hardship by his U.S. citizen or LPR spouse.

When the conditional LPR and his spouse are still married, they must jointly file the Petition to Remove Conditions on Residence. They will be asked to provide proof that they entered into their marriage in good faith and that they remain married. For a conditional LPR who is no longer married to his petitioning spouse, he may file the Petition to Remove Conditions without his spouse but should be prepared to provide additional documentation regarding the marriage and its validity. If the conditional LPR is a child who is filing separately from his parents, then he will also need to provide relevant evidence regarding his parent’s marriage.

If you are in need of an attorney to assist you with removing the conditions on your green card or you have failed to apply to remove the conditions on time and you are now in removal proceedings, the attorneys at Tanner Law Offices can assist you. We are experienced in representing clients in their Petitions to Remove Conditions, as well as in removal proceedings. Please contact our office at 717-731-8114 to schedule a consultation to discuss your case.

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