Removal of Conditions

Frequently Asked Questions & Answers

1. What is Removal of Conditions on Permanent Residence based on Marriage?

A lawful permanent resident is given the privilege of living and working in the U.S. permanently. Your permanent resident status will be conditional if it is based on a marriage that is less than two years old on the day you are given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the U.S. on an immigrant visa or receive Adjustment of Status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the U.S. You may apply to remove your conditions on permanent residence.


2. Who is eligible for Removal of Conditions?

You may apply to remove your conditions on permanent residence if you:

  1. Are still married to the same U.S. citizen or lawful permanent resident after two years. Your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days from the day that you did
  2. Are a child and cannot be included in the application of your parents for a valid reason
  3. Are a widow or widower of a marriage that was entered into in good faith
  4. Entered into a marriage in good faith, but the marriage was ended through divorce or annulment
  5. A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
  6. Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse
  7. Can prove that the termination of your conditional resident status would cause extreme hardship to you
OR
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3. What are the documents required if I file a joint application with my spouse for Removal of Conditions?

The documents required are:

1.Form I-751, Petition to Remove the Conditions on Residence signed by both you and your spouse

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

3. 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 to show that you and your spouse had joint bank accounts, credit cards, etc

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

d.Birth certificates of your children that you have togehter


4. How can I get a waiver of the requirement to file a joint application with my spouse for Removal of Conditions?

You may request a waiver of the joint petitioning requirements if you:

  1. Entered into the marriage in good faith, but your spouse subsequently died
  2. Entered into the marriage in good faith, but the marriage was later terminated due to divorce or annulment
  3. Entered into the marriage in good faith, and remain married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse, or
  4. Can prove that the termination of your status and removal would result in extreme hardship to you

Note: You may request consideration of more than one waiver provisions at a time


5. Can I apply for a waiver of the requirement to file a joint application with my spouse for Removal of Conditions if I am in divorce proceedings?

No, you may not file for the waiver until after your marriage has been terminated


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


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

11. Will I get a work permit if I have applied for Removal of Conditions?

Yes, as a legal permanent resident, you should have received a permanent resident card. This card will continue to prove that you have a right to live and work in the U.S. permanently. If you file Form I-751, Petition to Remove the Conditions on Residence on time, the USCIS will extend your conditional resident status for up to 12 months while your Form I-751, Petition to Remove the Conditions on Residence petition is under review.


12. How can I check the status of my Removal of Conditions petition?

You may check status by using VisaPro’s free visa status service.


13. Do I need to be physically present in the U.S. to file my Removal of Conditions petition?

No, the Form I-751, Petition to Remove the Conditions on Residence can be filed regardless of whether you are physically present in the U.S. at the time that you file. However, you must return to the U.S. with your spouse and your children in order to comply with the interview requirement.


14. Is a personal interview required for joint petitioners filing for Removal of Conditions?

Yes, the regulations require that you and your spouse appear for a personal interview at the district office that serves the area where you live.


15. Can I request for a waiver of the personal interview requirement for joint petitioners filing for Removal of Conditions?

Yes, the director of the regional service center where you file your petition has the discretion to waive the interview requirement. The director will review the petition to determine whether an interview is required.

  1. If the director is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, the director may waive the interview requirement and approve the petition
  2. If the director is not satisfied of the validity of your marriage based on the petition, the director will forward the petition to the district office to conduct an interview

16. How can I appeal a denial of my Removal of Conditions petition?

If your Form I-751 is denied by the USCIS you will receive a notice explaining the reasons for the denail. you will also be placed in removal proceedings and your file will be referred to an Immigration Judge. During the removal proceedings you will have an opportunity to present your case to the Immigration Judge. The USCIS must prove tha the facts in your application were untruthful and/or that your application was properly denied. The Immigration Judge can grant your application, removing the conditions and restoring your permanent residence, or he can deny it and order you removed. If the Immigration Judge denies your application you may appeal that decision to the Board of Immigration Appeals. A brief explanation may be filed in support of your appeal. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.