Removing Conditions on Your Green Card

What is a Conditional Green Card?

A conditional green card is a green card that is only valid for 2 years. In order to remain a permanent resident, the conditional resident must file a petition to remove the condition.

Why are some people issued a Conditional Green Card?

You will be issued a Conditional Green Card if you became a permanent resident through marriage and your marriage was less than two years old when you received your green card. The purpose of this to ensure your marriage was bonafide and not only for immigration purposes.

Removing Conditions

Okay, so you have a conditional green card. What happens next? The first thing you should do is put the date that you must apply to remove the condition on your calendar. If you have an immigration lawyer, they may be doing this as well. But it can’t hurt to be on top of it as well.

You must remove conditions during the 90 days before your second anniversary as a lawful permanent resident (90 days before the expiry of your green card). Failing to do this in time can result in your losing your permanent resident status, which puts you at risk of being placed in removal proceedings.

If you have passed the 90 days, please reach out to an experienced immigration attorney as soon as possible. Our office is knowledgeable in the removal of conditions and may be able to help you before it is too late.

What Happens if My Spouse and I are no longer together?

In order to remove the condition on your green card, you need to prove that you and your spouse are still in a good faith marriage at the time of your application to remove conditions. However, sometimes marriages don’t work out and you discover this sooner than later. There are many reasons why a marriage that was entered into in good faith ends within 2 years, so the law allows you to apply to waive the joint filing requirement. You may request a waiver of the joint filing requirement if:

  • You are no longer married to your spouse (divorced);
  • You have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent; or
  • Deportation or removal from the United States would result in extreme hardship.

The process to remove conditions can be complicated. Don’t try to do this alone. We have experienced and knowledgeable attorneys that can help you throughout this process. If you need a waiver or if you did not file on time, this is the time to take action. We are here to help!

Call us at 914-719-7571 to schedule your free case review.

For more information go to the USCIS website.