Removal of Conditions

Frequently Asked Questions & Answers

6. What are the documents required if I apply for Removal of Conditions as a widow or widower?

The documents required are:

1.Form I-751, Petition to Remove the Conditions on Residence

2.Copy of Form I-551, Permanent Resident Card

3.Copy of your spouse’s death certificate

4. Evidence that you did not get married to evade the immigration laws of the U.S. Examples of such evidence includes, but is not limited to:

a.Leases showing that you and your spouse live in the same place

b.Documents that prove that you and your spouse owned property together

c.Birth certificates of your children


7. What are the documents required if I apply for Removal of Conditions on the basis that my marriage was terminated other than by the death of my spouse?

The documents required are:

1.Form I-751, Petition to Remove the Conditions on Residence

2.Copy of Form I-551, Permanent Resident Card

3.Copy of your spouse’s death certificate

4.Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the U.S. Examples of such evidence includes, but is not limited to:

a.Leases showing that you and your spouse lived in the same place

b.Documents that show that you and your spouse had joint bank accounts, credit cards, etc

c.Documents that prove that you and your spouse owned property together

d.Birth certificates of your children

e.Copy of your divorce or annulment decree

f.Evidence that you were not at fault in failing to file the petition on time, if applicable

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8. What are the documents required if I apply for Removal of Conditions on the basis that either my child or I was battered or subject to extreme mental cruelty by my spouse?

The documents required are:

1.Form I-751, Petition to Remove the Conditions on Residence

2.Copy of Form I-551, Permanent Resident Card

3.Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the U.S. Examples of such evidence includes, but is not limited to:

a.Leases showing that you and your spouse lived in the same place

b.Documents that show that you and your spouse had joint bank accounts, credit cards, etc

c.Documents that prove that you and your spouse owned property together

d.Documents that prove that you and your spouse owned property together

e.Copy of your divorce or annulment decree

f.Birth certificates of your children or

g.Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:

1.Copies of police and medical records detailing evidence of physical abuse

2.Evaluations by clinical social workers and psychologists showing evidence of mental cruelty

3.Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty

h.Evidence that you were not at fault in failing to file the petition on time, if applicable

i.Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:

j.Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the U.S.

Note: In evaluating the claim that your removal from the U.S. will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence.


9. What are the documents required if I apply for Removal of Conditions as a child filing separately from my parents?

The documents required are:

1.Form I-751, Petition to Remove the Conditions on Residence

2.Copy of Form I-551, Permanent Resident Card

3.A written explanation of why you are filing separately from your parents, and any supporting documentation


10. What happens if I am late in filing my Removal of Conditions petition?

If you fail to properly file Form I-751, Petition to Remove the Conditions on Residence within the 90 day period before your second anniversary as a conditional resident:

  1. Your conditional resident status will automatically be terminated and the Service will order removal proceedings against you
  2. You will receive a notice from the Service telling you that you have failed to remove the conditions
  3. You will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements. The Service is not responsible for proving that you did not comply with the requirements
  4. Form I-751, Petition to Remove the Conditions on Residence can be filed after the 90 day period if you can prove in writing to the director of the Regional Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status