Petition to Remove Conditions of Two-Year Residency

If you obtain your residency based on marriage, and you have not been married for two years at the time that you receive your residency approval, your green card will be a two-year conditional residency card. This means that 90 days before the two year anniversary of your residency, you and your spouse will need to jointly file an I-751, Petition to Remove Conditions with the USCIS. Similar to your initial I-130, Petition for Alien Relative, this application will require that you demonstrate that you are in a genuine marriage that was not entered solely for immigration purposes. This means that not only do you need to file the I-751, Petition to Remove Conditions, form, but you also need to provide enough evidence to persuade USCIS that the marriage is real.

In addition to a spouse, your child may have received a conditional residency card if the marriage was less than two years at the time the application was approved. If your child received their residency within 90 days of you having received conditional residency, then your child may be included on the same I-751, Petition to Remove Conditions. If, however, they received their conditional residency more than 90 days after you, they will need to file a separate, independent I-751, Petition to Remove Conditions.

What happens if I do not file the application in the 90 day window before my card expires?

Although the regulations require that you file before the two year expiration, there are exceptions to this filing requirement if you can demonstrate “good cause” for the late filing. The more important piece here though is that if you do not file the I-751, Petition to Remove Conditions, in a timely manner, you may be placed in removal proceedings. This can be especially important if you have not updated your address with USCIS, and you may have been ordered removed without even knowing it. If this has happened to you, contact Soria Law to discuss how you may be able to fix your case.

What happens if my joint I-751, Petition to Remove Conditions is denied?

One of the most common scenarios in my practice is having a potential client contact me after their I-751, Petition to Remove Conditions, has been denied. This can be a very scary and overwhelming situation, but most times there is still hope. Although the decision denying your case will tell you that your status has been terminated and that you have to leave the country, you may still have relief - either by filing the application again with USCIS, or before an Immigration Judge. Each case is different, but just because your case is denied does not mean that it is the end of the line for your life in the United States. If this has happened to you, please contact Soria Law, so that we can discuss your options with you, and hopefully find a path forward.

What if I have divorced?

There are so many strains on marriage, and immigration can be one of the biggest. However, just because the marriage ended, that does not mean that your status will automatically be terminated. Instead, as long as you can demonstrate that your marriage was genuine, you should be able to file the I-751, Petition to Remove Conditions, as a waiver. Contact Soria Law to find out how this works, as the timing of the application can be critical.

What if I have been the victim of abuse?

In addition to obtaining a waiver of the joint filing requirement because you have divorced, if you have been a victim of domestic abuse by your U.S. citizen or lawful permanent resident spouse or step-parent, you may be eligible to file an I-751, Petition to Remove Conditions. This waiver requires that you demonstrate that during your marriage, you, or your child, were the victim of physical abuse, or were subjected to extreme cruelty by your U.S. citizen, or lawful permanent resident spouse or step-parent.

What if I have my spouse or step-parent died?

If your spouse or step-parent dies after you received your conditional residence, but before the conditions have been removed, you may still be able to file the I-751, Petition to Remove Conditions, with a waiver of the joint filing. Similar to the other waiver categories, the important thing is to demonstrate that the marriage was a real marriage that was entered into in good faith. Just because you have lost your loved one, that does not mean you lose your adopted country too. Contact Soria Law to find out more about how you can pursue this option.

What if I am scared to go back to my home country?

Many times In addition to the other categories discussed above, if you have received conditional residency, and are no longer in a relationship with your original petitioner, you may still be eligible to have your conditions removed if you can demonstrate that your removal from the United States would result in extreme hardship. This particular area of immigration law can be very complex, so please contact Soria Law to learn more about this option.

Can I still work if my status expires?

Once you file the I-751, Petition to Remove Conditions, USCIS will send you a receipt notice. This receipt notice will automatically extend your residency for 18 months while USCIS processes your case and makes a decision. If your case takes longer than 18 months and you need proof of your status, you can contact the USCIS Support Center to obtain an InfoPass appointment at your local USCIS office, where you will be able to obtain an I-551 stamp in your passport. This stamp will act as proof of your status until it expires.

Changing your address with USCIS

The most important thing in immigration is to make sure that you change your address with USCIS within 10 days of moving. It does not matter if you change your address with the United States Postal Service, you must change your address with USCIS. You can do this online, or with a paper copy of the AR-11 form. This form can be found on the USCIS website here: https://www.uscis.gov/ar-11. If you do not change your address and you are placed in removal proceedings, you may be ordered removed from the United States in your absence. This can create huge obstacles for your path to staying in the United States. Therefore, until you become a United States citizen, always change your address with USCIS!