Removing Conditional Resident Status

Many foreign nationals become eligible to apply for adjustment of status and pursue permanent resident status in the U.S. when they marry a U.S. citizen. However, a noncitizen's permanent resident status is conditional if it is the result of a marriage that is less than two years old on the day he or she received permanent resident status.

U.S. Citizenship and Immigration Services (USCIS) wants to ensure that a marriage between a noncitizen and a U.S. citizen is not solely for the purposes of providing legal residency to the noncitizen. In order to remove the conditions of residence, you and your spouse must file Form I-751 together during the 90 days before your second anniversary as a conditional resident. Your green card expires two years after you receive it. Failure to apply for removal of conditions before your green card expires will result in loss of your conditional resident status. At that point, you may be removed from the country.

Eligibility For Removal Of Conditional Resident Status For Spouses

In order to meet the requirements to have conditions of your immigration status removed, you must:

  • Still be married to the same U.S. resident
  • File a waiver proving that you face extreme suffering if your residency is denied
  • File a waiver proving that you entered into the marriage in good faith, but you have since become widowed, divorced or separated due to abuse
  • Have entered into a marriage in good faith, but you or your child have been battered or subjected to extreme hardship by your citizen or permanent-resident spouse

Removal Of Conditional Resident Status For Children

Some foreign national children also receive a conditional residence. They also must have the conditions of their residency removed on time. In some instances, a conditional resident child can file for the same waivers as their conditional resident parent.

Removal Of Conditional Resident Status For Entrepreneurs

Some foreign nationals receive their green card for entrepreneurial reasons through the EB-5 investor program. These green cards also expire two years after the date they are issued. You can petition USCIS to remove the conditions of your permanent residency by submitting Form I-829. You must show that:

  • Your commercial enterprise was a valid business and not simply a means to evade U.S. immigration laws
  • You met the investment requirements
  • You are actively involved with this business
  • Your business generated, or is in the process of generating, employment for a minimum of 10 U.S. workers

We Can Help You Navigate The Process

Godoy Law Office assists in the removal of conditions of residence process. If you are completing the petition or your petition has been denied, we can help. Call 312-445-0591 or use our online contact form to schedule a consultation. We assist residents throughout Greater Chicago from our offices in Chicago and Oak Brook.