Removing Conditions on Permanent Resident Status

If you became a permanent resident based on marriage to a U.S. citizen or permanent resident, and if you obtained your permanent resident status before your second wedding anniversary, then your status is “conditional permanent resident.”  Your green card is valid for 2 years.  You will need to file a petition to remove those conditions, to make the transition from “conditional permanent resident” to “permanent resident.”  This process is referred to as “removing the conditions” on your permanent resident status.

If you remain married to, and living with, the person who filed the petition for your 2-year green card, then you and your spouse should file the petition to remove conditions during the 90-day window of time leading up to the expiration of your 2-year green card.

If you are no longer married, or if your spouse is not willing to sign the petition, you may file the petition without your spouse’s signature.  There are several reasons for filing the petition without your spouse’s signature:

(1) Your spouse is deceased.

(2) You and your spouse have divorced.

(3) During your marriage, your spouse abused you, battered you, or subjected you to extreme cruelty.

(4) The termination of your permanent resident status would result in an extreme hardship.

If you are filing the petition without your spouse’s signature, then the time deadlines that are generally applicable to a joint filing do not apply to you. If your spouse is not signing the petition, then you could file earlier or later than the normal 90-day window of time.

After you file the petition, you will receive a receipt from USCIS on heavy paper, tinted green.  This receipt will state that your permanent resident status is automatically extended for a period of one year.

The petition to remove conditions on permanent resident status often involves complex legal and factual issues.  In order to have the best chance of success, and to avoid unnecessary delays in the process, I suggest that you work with an experienced immigration attorney on this process.

I have successfully handled many of these petitions.  I would be happy to work with you on your case.

Posted in Family-Based Visas & Green Cards and tagged , .