Removal of Conditions

Green card holders who are applying based on marriage to a U.S. Citizen or Lawful Permanent Resident will receive a two-year conditional green card if they have been married for less than two years at the time their green card is approved. This category does not only include spouse of U.S. Citizens and Lawful Permanent Residents, but also step-children of U.S. citizens and Lawful Permanent Residents if the qualifying marriage occurred less than two years before the approval of the green card. A “conditional resident” can do everything that a Lawful Permanent Resident can do – work, travel, etc, but their card will expire within two years instead of ten. 90 days prior to the expiration of the conditional green card, the conditional resident will have to file an application to remove the conditions on their green card. 

When filing to remove the conditions, a conditional resident can either file jointly with their spouse or on their own if they qualify for one of the waiver provisions. 

A jointly filed application requires you to prove that you are still married, still living together, and your marriage is still real. 

A waiver application requires that you either show that 

1) your marriage was real but you are now divorced OR 2) you were the victim of abuse or mistreatment by your spouse OR 3) the termination of your status would cause you extreme hardship. 

These applications take a long time for USCIS to process, so applicants receive a receipt notice that acts as an extension of their permanent resident status of up to 48 months. 

• If you are filing based on divorce, your divorce must be finalized. There is no waiver option for separated couples. 

• If you are filing based on extreme hardship, the hardship must have arisen during the two years that you had your conditional residency. 

• If your application is denied, you do not lose your status because USCIS does not have the authority to strip you of your permanent resident status. Only an immigration judge can do that. Expect your case to be forwarded to removal proceedings. However, you remain a permanent resident unless a judge denies your application and orders you removed.

• Only a judge can review the denial of your application (there is no appeal). However, if your application was denied you can determine if it makes sense to reapply – even if you are already in removal proceedings.