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Removing Conditions on Residency (I-751)

How can I remove the Conditions on my Green Card?

If you received a green card through your spouse's petition and you have been married to your spouse for less than two years, you will likely receive a Conditional Residence. This is different than a Lawful Permanent Resident. A Lawful Permeant Resident is normally issued a green card for ten years and can renew at that point. A Conditional Resident must file a petition to remove the conditions. In order to remove your conditions, you must prove your marriage was not entered into to evade immigration laws. The petition must be filed prior to the expiration of the two year Conditional Resident status. If the petition is approved, you will receive Lawful Permanent Resident status, and your green card will be issued for ten years.

The above scenario describes a joint filing of the petition, where both spouses are willing to sign the petition. There are some situations that allow you to waive your spouse's signature:

  • your marriage was a valid marriage when it was entered into, but you are now divorced
  • your marriage was a valid marriage when it was entered into, but your spouse abused or treated you cruelly
  • your spouse is deceased
  • your removal would cause you hardship

It is extremely important you file to remove the conditions on your green card, whether jointly or waiving your spouse's signature. You must file the joint petition before the two years expires, or you will lose your legal status to remain in the United States and immigration may start the deportation process. The attorneys of Dorsett & Zapata, PLLC are experienced in removing the conditions on a green card, and they have successfully petitioned both jointly and waiving a spouse's signature. The attorneys have also fought against deportation for clients who incorrectly filed or failed to file a petition. If you are a conditional resident, contact us now for your free consultation.