Conditional Green Card Removal: How to Get Conditional Status Removed

One of the most common forms of immigration fraud is the “green card” marriage when people briefly marry U.S. citizens or permanent residents to get a green card. The USCIS developed conditional permanent resident status as a response to this. Conditional status is placed on green cards that are obtained through marriage, as an attempt to catch and deter fraud.

If you got your green card this way, then you need to get conditional status removed. This article provides a step-by-step explanation of the conditional green card removal process.

What is Conditional Green Card Removal?

If you obtained U.S. permanent residence based on marriage to a U.S. citizen or permanent resident, then you are a conditional permanent resident. Conditional permanent resident status (also called a conditional green card) lasts only 2 years and cannot be renewed, so you have to petition to remove conditions on your permanent status before it expires to stay in the U.S. This is described as a conditional green card removal. Once you have the conditions removed, you will have regular permanent resident status.

Conditional Green Card Removal Eligibility Criteria

Not all conditional permanent residents are eligible to have their conditional status removed. To be eligible for a conditional green card removal, you must be in one of the following scenarios:

• You have remained married to the same U.S. citizen or permanent resident for 2 years. If your children received conditional status at the same time or within 30 days as you, then you can include them in your petition to remove conditional status.
• You are a child and your parents cannot include you in their petition
• You were in a good faith marriage with a spouse who is currently deceased
• You were in a good faith marriage, but divorced or had the marriage annulled
• You were in a good faith marriage, but you or your child experienced domestic abuse at the hands of your U.S. citizen or permanent resident spouse.

Joint Petitions

Conditional green card removal petitions must be submitted jointly by you and your spouse. Submit a joint Form I-751, Petition to Remove Conditions within 90 days of the date that your conditional resident status expires. If you do not submit this joint petition, the USCIS will terminate your status and begin removal proceedings.

If you file your petition late, USCIS may accept the petition if

• You had good cause for filing late
• There were circumstances that prevented you from filing on time
• Your removal proceedings have not begun

Waiver of the Joint Petition Requirement

It is possible to waive the joint petition requirement. To do so, you must demonstrate that:

• Deportation will cause you extreme hardship
• You were in a good faith marriage, but the marriage ended due to divorce or annulment
• You were in a good faith marriage, but you or your child experienced domestic abuse at the hands of your U.S. citizen or permanent resident spouse

Documents Required for Conditional Green Card Removal

To obtain a conditional green card removal, you must submit the following documents to the USCIS:

• A cover letter
• Form I-751, Petition to Remove the Conditions on Residence
• Copy of your Form I-551 (permanent resident card)
• Evidence that your marriage is legitimate (this may include wedding photos and invitations, joint bank accounts, joint credit card statements, etc.)

How to File for Conditional Green Card Removal

Filing a conditional green card removal is simple. You fill out and submit the Form I-751, along with any filing fees and evidence that supports the legitimacy of your marriage. The instructions in your Form I-751 will tell you where to file.

Conditional Green Card Removal Receipt Notice

Once you have submitted all the necessary forms, fees, and documents, the USCIS will begin processing your petition. You will receive a receipt notice, in which USCIS acknowledges that they have received your green card removal petition.

Biometrics

Along with your green card removal receipt notice, you will also receive a notice to appear for a biometric services appointment. The notice will describe the location of your biometrics appointment. At this appointment, you will have your fingerprints taken.

Conditional Green Card Removal Interview

You may be asked to complete an interview at your local USCIS office, though not all green card removal petitioners are required to interview. If the USCIS decides to interview you, then, as with your original green card interview, you will receive a notice along with your conditional green card removal receipt notice. The interview notice will name the place and date for your interview appointment. At this interview, you and your spouse will be asked to demonstrate the legitimacy of your marriage.

Naturalization

If you are married to  U.S citizen spouse and have established the three-year residency requirement, then you may be eligible for naturalization. However, you cannot apply for naturalization if you have a pending green card removal petition., so wait until you receive a decision on your I-751 before applying.

Conditional Green Card Removal Forms and Fees

The two main fees that you have to worry about are the Form I-751 filing fee, which is $595, and the biometrics fee, which is $85. These fees must be submitted along with your Form I-751 for your petition to be processed.

Conclusion

Now you know each step of the process for getting your conditional status removed. It’s important to provide as much proof as possible of the legitimacy of your marriage; the less evidence you have, the more likely you will have to complete an interview. While the conditional green card removal interview is nothing to worry about, if you are required to complete one, then you and your spouse need to be prepared. Draw up a list of the types of questions you may be asked and make sure you have answers ready for the interview.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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