If you are a conditional permanent resident of the United States who obtained status through marriage and wants to apply to remove the conditions on your permanent resident status, you may file Form I-751, Petition to Remove Conditions on Residence, with United States Citizenship and Immigration Services (USCIS).
Your conditional permanent resident status is only valid for two years and cannot be renewed if you:
• Received your conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident; or
• Were admitted to the United States as a fiancé(e) of a U.S. citizen and then married the U.S. citizen.
You must file a petition to remove the conditions on your permanent resident status or risk losing your lawful status.
Eligibility
In general, you must file with your spouse within 90 days of your two-year Green Card (officially known as a Permanent Resident Card) expiring. If you do not file on time, USCIS may automatically terminate your status and issue you a Notice to Appear (NTA).
If you are a conditional permanent resident child, you may be eligible to be included on your parent’s petition if you received your status on the same day as your parent, or within 90 days after your parent received conditional status. Otherwise, you must file your own petition with your stepparent.
You may file to remove conditions on your permanent residence status without your spouse or stepparent at any time after you are granted conditional status if:
• You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
• You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment;
• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;
• Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or
• Termination of your status and removal from the United States would result in extreme hardship.
How to File
You must:
• Read the instructions for Form I-751, Petition to Remove Conditions on Residence;
• Complete and sign your Form I-751;
• Pay the filing fee, if applicable; and
• Provide all required evidence and supporting documentation.
After You File
Once USCIS receives your form, they will send you a:
• Receipt notice confirming we received your petition;
• Biometric services notice, if applicable;
• Notice to appear for an interview, if required; and
• Notice of their decision.
Forms and Fees
• Form I-751
• Use the USCIS fee calculator at https://www.uscis.gov/feecalculator
In Texas, as in all states, conditional permanent residents who obtained their status through marriage must file Form I-751, Petition to Remove Conditions on Residence, with USCIS to remove the conditions on their status. This must be done within 90 days before their two-year Green Card expires. Failure to file can result in automatic termination of status and a Notice to Appear (NTA) for removal proceedings. Conditional residents can file jointly with their spouse, or in certain cases such as the death of the spouse, divorce, annulment, or instances of abuse, they may file individually. Children who obtained conditional status through a parent can be included in the parent's petition or file separately under specific circumstances. The process involves completing Form I-751, paying the required fee, and providing necessary evidence and documentation. After filing, applicants will receive a receipt notice, a biometric services notice if applicable, potentially an interview notice, and finally, a decision notice. The current filing fee can be calculated using the USCIS fee calculator.
