The process of removing the conditions from a 2-year green card can be complex, but with the proper guidance, it can be smooth sailing. Failure to file Form I-751 or remove the conditions can result in USCIS terminating the green card and the individual being placed in removal proceedings.
There are two categories of immigrants who are first issued conditional permanent residency:
As previously mentioned, all conditional green cards are only valid for two years and must be renewed. To do this, the green card holder can petition USCIS to remove the condition by filing Form I-751 up to (but no more than) 90 days before the card expires. The following article provides information on calculating when you should file form I-751. Applicants cannot renew these conditional green cards via form I-90. Below we will give you more details on removing the conditions from your green card for marriage-based applications. Remember that the couple must provide evidence that the marriage is genuine and that they are still living together.
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To remove the conditions on a marriage-based green card, applicants must file Form I-751, Petition to Remove Conditions on Residence Based on Marriage. It is important to note that the applicant can only file this form within a 90-day window before the green card expires. USCIS will reject the form if filed before the 90-day window.
There are risks associated with failing to file Form I-751 before the green card expires. If the form is not filed within the 90-day window, USCIS may terminate the green card holder’s residency status, and removal proceedings may begin. In this case, the green card holder must appear at a hearing to prove that they complied with the requirements to keep their residency. If they cannot do so, they will lose their residency and will be required to leave the country.
To avoid these risks, it is essential to file Form I-751 within the 90-day window before the green card expires. This will ensure that the green card holder’s permanent resident status is maintained and that they can continue living and working in the United States.
As of May 2025, the filing fee for Form I-751 is $750, though fee exemptions do exist for certain situations.
While waiting for USCIS to process a case, petitioners can carry their expired conditional green card and the I-797 receipt notice that proves a petition has been made to have conditions removed. These documents prove that the holder has a valid right to remain in the United States.
Petitioners may travel outside the United States while USCIS processes their petition if they receive the I-551 stamp in their passport. This serves as proof of residency for a one-year period. They can also use their expired conditional green card and the I-797 receipt notice for the petition to remove conditions to work and travel while the application is pending.
Removing the conditions on a conditional green card is essential in obtaining a permanent green card. By filing Form I-751, Petition to Remove Conditions on Residence, jointly with your US citizen spouse, who sponsored you for the conditional green card, within the 90 days before the conditional green card expires, you can remove the conditions and obtain a permanent green card.
Overall, removing the conditions on a conditional green card is an essential step in the journey to becoming a permanent resident, and it's a process that applicants should take seriously. With the proper guidance, you can navigate the process efficiently and obtain your permanent green card.
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