Conditional Green Card: Your I-751 Removal Guide

My children and I have conditional green cards based on my marriage. What is the process to remove the conditions?

If you obtain a green card based on marriage to a U.S. citizen or legal permanent resident of the U.S. and are married for less than two years at the time the green card is granted, you will receive a two-year conditional green card.

Any children who are derivates on your petition or are sponsored directly as stepchildren of a U.S. citizen will also receive two-year conditional green cards.

Conditional green card holders must apply to remove the conditions on their green card during the 90-day period prior to the expiration of the green card. If they do not apply to remove the conditions, then their legal permanent resident status is terminated.

What Are the Steps to Remove Conditions on a Conditional Green Card?

Collect Supporting Documents for Your Conditional Green Card

Gather supporting documents. If you are still married and filing jointly with your spouse, gather supporting documents demonstrating that you still have a bona fide marital relationship.

Relevant documents include residential lease or mortgage statements showing you live together, joint tax returns, joint bank statements, joint utility bills, birth certificates of children born during the marriage, family photos and affidavits from people who have known you during the marriage.

If you are no longer married and are applying for a waiver, you will need to provide different documents as outlined later in this article.

File Form I-751 Within the 90-Day Window

File Form I-751 with U.S. Citizenship & Immigration Services. It is very important to file the case within the 90-day filing window. This form can be filed by mail or online.

Online filing is generally recommended as it makes it easier to ensure that the filing fees have been processed and the case has been accepted. Online filing also means that the applicant will be able to track the case through their online account and receive important notifications, such as the biometrics appointment notice.

Keep the Original Receipt Notice

Retain original receipt notice. The receipt notice for the I-751 automatically extends the conditional green card status for 48 months. I-751 petitions can take a long time to be processed, so it is very important to retain the original receipt notice.

After the green card expires, the conditional resident must travel with the expired green card and the original receipt notice extending the legal permanent resident status until the I-751 is approved and a 10-year green card is issued.

Track the Case and Prepare for a Possible Interview

Track the case, provide additional documents if requested and attend the I-751 interview. The I-751 receipt notice will contain a receipt number that can be used to track the case progress.

USCIS will send a request for the applicant(s) to attend a biometrics appointment and may also send requests for more evidence. If USCIS requests more evidence, it is important to provide the response within the required time frame.

USCIS may approve the case without an interview, or they may ask the applicant and their spouse to attend an interview. If there is an interview, the applicant and spouse should prepare in advance and plan to answer questions about their relationship. The questions will be similar to what is asked during the USCIS interview for the initial green card.

Receive Your 10-Year Green Card

Receive 10-year green card. Once the I-751 is approved, the conditional resident becomes a permanent legal resident and will receive an approval notice and a new 10-year green card. This 10-year green card can be renewed by filing Form I-90.

Can My Children Apply With Me on the I-751, or Do They Need Separate Applications?

If the children received the conditional green cards at the same time as their parent, then the children can be included on their parent’s I-751 petition and they do not need to file separate forms.

However, in some circumstances, children will need to file their own I-751. This could happen if the children received their conditional green cards more than 90 days after their parent was granted the green card, or if their parent passed away.

What Is the Process for Removing Conditions on the Green Card if You Are Not Filing Jointly?

If the conditional resident is not able to file Form I-751 jointly with their spouse, then the applicant can request to file as an individual, or request a waiver of the joint filing requirement. If the spouse has died, then the conditional resident will file the I-751 with a request for individual filing. Waivers can be sought in the following situations:

• The marriage has ended due to divorce;
• The conditional resident was battered or subject to extreme cruelty by the U.S. citizen of legal permanent resident spouse; or
• Removal of the conditional resident would result in extreme hardship.

Waiver Based on Divorce

To seek a waiver based on divorce, the conditional resident must prove that they entered into the marriage in good faith and not to obtain immigrant benefits. The applicant must also provide proof that the marriage has officially ended in divorce or annulment.

To prove that the marriage was entered into in good faith, the applicant should submit evidence of the relationship to show how long they lived with their former spouse, prior financial records showing combining of assets, birth certificates for children born of the marriage, photos of the relationship and affidavits from friends and family who have knowledge of the relationship.

Waiver Based on Battery or Extreme Cruelty

This waiver applies when the conditional resident spouse or their child was battered or experienced extreme cruelty at the hands of the U.S. citizen or legal permanent resident spouse. Similar to the waiver based on divorce, the conditional resident must show that the marriage was entered into in good faith. However, they do not have to be divorced, separated or even living separately from the abusive spouse to apply for this waiver.

As evidence for this waiver, the conditional resident should include proof of the battery/extreme cruelty. This is usually documented by official reports and supporting affidavits from police, psychiatrists, judges, school counselors or other relevant professionals, as well as affidavits from the applicant and their friends and family describing the abuse.

Waiver Based on Extreme Hardship

The conditional resident applicant can apply for this waiver if they can demonstrate that being removed from the U.S. would cause extreme hardship. For this waiver, the conditional resident does not need to prove that the marriage was entered into in good faith (although it can be viewed negatively if it appears the marriage was fraudulent).

To qualify for this waiver, the conditional resident must show that some circumstance has happened during the two years since they were granted conditional permanent residency that would cause extreme hardship if they were removed. One example would be if the conditional resident’s home country experienced a catastrophic disaster, such as a coup, during that time frame.

Key Takeaways for Removing Conditions on a Conditional Green Card

Please see below for some key takeaways regarding the process of removing conditions from a green card that was granted based on marriage to a U.S. citizen or legal permanent resident.

• Conditional legal residents must file to remove conditions on their green card before the green card expires, otherwise their status will be terminated.
• Applicants filing jointly with their spouse must file within the 90-day window prior to the green card expiring. Waiver applicants can file at any time.
• If the children receive the green card at the same time as the conditional resident, they can all apply to remove conditions on the same I-751 form. If the children receive the green cards 90 days later than the conditional resident, the children will need to apply separately on their own I-751 forms.
• If the conditional resident cannot file jointly with their spouse, they may still be eligible to obtain legal permanent residency by filing the I-751 and demonstrating that they cannot file jointly due to death, divorce, battery or extreme cruelty or extreme hardship.

Questions About Removing Conditions on Your Green Card?

If you have any questions about your immigration case and would like to speak with one of our experienced attorneys, please contact our office today.