Can I Remove Conditions from My Marriage-Based Permanent Resident Status?

If you are a permanent resident that obtained status through marriage, you were likely issued a two-year Green Card and are considered a conditional resident. This is typically for marriages that took place less than two years from the date the permanent resident status was issued. The reason why you have conditions if you have marriage-based permanent resident status is to ensure that the marriage is legitimate and not just as a way for you to enter the United States. Read on to learn if you are eligible to have these conditions removed and how a seasoned Lyndhurst green card immigration lawyer at the Law Offices of Salvatore A. Falletta, LLC can navigate you through the application process.

Am I eligible to have conditions removed from my status after marriage?

It is important to note that your conditional permanent resident status is only valid for two years. It cannot be renewed in the following circumstances:

• You received your conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident.
• You were admitted to the U.S. as a fiancé of a U.S. citizen and then married said U.S. citizen.

With that being said, you are eligible to have conditions removed from your marriage-based permanent resident status if you meet the following criteria:

• Your marriage, which brought you to the U.S., is still intact after two years.
• You are a widow/widower who entered the marriage in good faith.
• You entered the marriage in good faith but it ended through a divorce or annulment.
• You entered the marriage in good faith but your U.S. citizen spouse was abusive.

How do I apply to have conditions removed?

To have your conditions removed from your marriage-based permanent resident status, you must apply to do so within 90 days before the end of the two-year period via Form I-751. Failure to file on time will automatically terminate your status and you will be issued a Notice to Appear.

With Form I-751, you must complete and sign it, pay the applicable filing fee, and provide all required evidence and supporting documentation. Soon after, you should expect to receive a confirmation receipt notice, an applicable biometric services notice, a notice to appear for an interview, and a notice of the decision, in that order.

For additional guidance on how to approach this process, it is in your best interest to retain the services of one of the knowledgeable attorneys at our Lyndhurst family & individual immigration law firm as soon as possible.

Contact our experienced New Jersey firm

If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC today to schedule a consultation. Our firm is located in Lyndhurst, New Jersey.