Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident. We give you conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident.
Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. To remove conditions, you must file Form I-751, Petition to Remove Conditions on Residence.
You cannot file Form I-90 to renew your Permanent Resident Card (Green Card) if you are a conditional permanent resident.
Eligibility Criteria
Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:
You are still married to the same U.S. citizen or lawful permanent resident after two years;* or;
Your parent is still married to the same U.S. citizen spouse or lawful permanent resident after two years and you are not included in your parent’s Form I-751.
You may file Form I-751 without your U.S. citizen or lawful permanent resident spouse or stepparent if:
The U.S. citizen or lawful permanent resident spouse or stepparent is deceased and you entered the marriage in good faith;*
You married in good faith, but the marriage ended through divorce or annulment;*
You married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse ;*
Your parent married in good faith, but you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident stepparent or parent; or;
The termination of your status and removal from the United States would result in extreme hardship.*
*If you are a conditional permanent resident spouse, you may include your conditional permanent resident children in your petition if they received their status either at the same time as, or within 90 days, of you.
Refer to the Form I-751 Instructions (PDF, 445.89 KB) for more specific eligibility requirements.
How to Apply to Remove the Conditions
If you are required to file jointly, you and your spouse or stepparent must apply together to remove the conditions on your residence by filing Form I-751. For information on filing, required documents and fees, visit our Form I-751 page.
Before you mail us your form, use our Fee Calculator to determine the correct fee. To learn where to send your form, visit our Direct Filing Addresses for Form I-751 page.
To help ensure that we accept your petition, visit our Form Filing Tips page to learn how to complete your form accurately, assemble your petition and mail your form.
When to Apply to Remove the Conditions
You must file your Form I-751 during the 90-day period immediately before your conditional residence expires if you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse. The expiration date on your Green Card is also the date of your second anniversary as a conditional permanent resident. If you do not apply to remove the conditions in time, you could lose your conditional permanent resident status and potentially be removed from the country.
Use our Filing Calculator to determine your 90-day filing date.
If You File Outside of the 90-Day Period
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional permanent resident, we will:
Automatically terminate your conditional permanent resident status and will begin removal proceedings against you…..more…watch video
Form I-751, Petition to Remove Conditions on Residence.
Direct Filing Addresses for Form I-751.
case status.
Board of Immigration Appeals.