If you received conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, you must file a Petition to Remove Conditions during the 90 days before the second anniversary of the date your conditional green card was issued.
If you are still married, you and your spouse will file the petition jointly. If you are no longer together, you may be eligible for a waiver of the joint filing requirement—provided you can show the marriage was entered into in good faith.
Failing to file in time may result in the loss of your lawful status and may place you in removal proceedings. In limited situations, late filings may be accepted with a written explanation and proof of extraordinary circumstances.
Helping Conditional Residents Secure Their Permanent Status
If your green card was granted through a marriage that was less than two years old at the time of approval, your permanent resident status is conditional. This means you must take additional steps to prove that your marriage was entered into in good faith—not to avoid U.S. immigration laws.
To maintain your status and become a full lawful permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence. At Khashmati Law, P.C., we help individuals and families through this critical process to avoid the risk of losing their legal status.
Who Needs to Remove Conditions?
Your green card is conditional if:
- You received it based on a marriage to a U.S. citizen or lawful permanent resident, and
- That marriage was less than two years old at the time you received permanent residency
Your conditional status expires two years after it was granted. If you do not file to remove the conditions on time, you may lose your residency and be placed in removal proceedings.
Eligibility to File Form I-751
You may be eligible to file if:
- You are still married to the same U.S. citizen or permanent resident after two years
- You are a widow or widower who married in good faith
- You entered into a bona fide marriage that ended in divorce or annulment
- You or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse
- You are a child who cannot be included in your parent’s petition for valid reasons
When to File
You must file Form I-751 during the 90-day window before your green card expires (this is typically your two-year anniversary as a conditional resident). If you fail to file in time, USCIS may terminate your status and initiate removal proceedings.
Filing Without Your Spouse – Waiver Options
If you are no longer married or are unable to file with your spouse, you may request a waiver of the joint filing requirement. You can apply at any time before you are removed from the U.S.
You may qualify for a waiver if:
- Deportation would cause extreme hardship
- Your marriage ended in divorce or annulment, and you married in good faith
- You or your child suffered abuse or extreme cruelty during the marriage
You may request consideration under more than one waiver ground.
Pending Divorce or Legal Separation
If you’re in the process of divorce or annulment but not yet finalized:
- Joint filers may request that their petition be converted to a waiver
- USCIS may issue a Request for Evidence (RFE) asking for the final decree
- Once provided, your petition may be amended to reflect eligibility for a waiver based on the termination of the marriage
What Happens If You File Late?
If you don’t file within the 90-day period:
- Your conditional residency may be terminated
- You may receive a Notice to Appear in immigration court
- You must demonstrate good cause for the late filing to USCIS
- If approved, your residency may be reinstated
Children with Conditional Green Cards
If your child received conditional resident status within 90 days of yours, they may be included in your petition. If more than 90 days have passed, your child will need to file a separate Form I-751.
Let Khashmati Law, P. C. Help Protect Your Green Card
Removing conditions from your permanent resident status is not just paperwork—it’s a legal safeguard for your future. At Khashmati Law, P.C., we help clients prepare strong petitions, respond to RFEs, file for waivers, and protect their right to remain in the U.S.
Contact our office today to schedule a consultation and get personalized help with your I-751 petition. You don’t have to navigate this process alone—we’re here to help you move forward with confidence.