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Background
A lawful permanent resident is given the privilege
of living and working in the United States permanently. Your permanent
residence status will be conditional
if it is based on a marriage that was less than two years old on
the day
you were given permanent residence. You are given conditional resident
status on the day you are lawfully admitted to the United States on an
immigrant visa or receive adjustment of status. Your permanent resident
status is conditional, because you must prove that you did not get married
to evade the immigration laws of the United States.
，
You and your spouse must apply
together to remove the conditions on your residence. You should apply
during the 90 days before your second anniversary as a conditional
resident. The expiration date on your alien registration card (commonly
know as green card) is also the date of your second anniversary as a
conditional resident. If you do not apply to remove the conditions in
time, you could lose your conditional resident status and be removed from
the country.
，
If you are no longer married
to your spouse, or if you have been battered or abused by your spouse, you
can apply to waive the joint filing requirement. In such cases, you may
apply to remove the conditions on your permanent residence any time after
you become a conditional resident, but before you are removed from the
country.
，
If your child received
conditional resident status within 90 days of when you did, then your
child may be included in your
application to remove the conditions on permanent residence. Your child
must file a separate application if your child received conditional
resident status more than 90 days after you did.
Who
is Eligible?
You may apply to remove your conditions on
permanent residence if:
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You are still
married to the same U.S. citizen or lawful permanent resident after two
years (your children may be included in your application if they got their
conditional resident status at the same time that you did or within 90
days).
，
You are a child
and cannot be included in the application of your parents for a valid
reason.
，
You are a widow or
widower of a marriage that was entered into in good faith.
，
You entered into a
marriage in good faith, but the marriage was 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 hardship by your U.S. citizen or lawful permanent
resident spouse.
，
The termination of
your conditional resident status would cause extreme hardship to you.
What
if I am Late in Applying to Remove the Conditions on Residence?
If you fail to properly file the Form I-751
(Petition to Remove the Conditions on Residence) within the 90-day period
before your second anniversary as a conditional resident, your conditional
resident status will automatically be terminated and the Service will
order removal proceedings against you. You will receive a notice from the
Service telling you that you have failed to remove the conditions, and you
will also receive a Notice to Appear at a hearing. At the hearing you may
review and rebut the evidence against you. You are responsible for proving
that you complied with the requirements (the Service is not responsible
for proving that you did not comply with the requirements).
The Form I-751 can be filed after the 90-day period
if you can prove in writing to the director of the Regional Service Center
that there was good cause for failing to file the petition on time. The
director has the discretion to approve the petition and restore your
permanent resident status.
How
Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to
remove the conditions on your residence, you may request a waiver of the
joint filing requirement. You may request consideration of more than one
waiver provision at a time.
You may request a waiver of the joint petitioning
requirements if:
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Your deportation
or removal would result in extreme hardship
，
You entered into
your marriage in good faith, and not to evade immigration laws, but the
marriage ended by annulment or divorce, and you were not at fault in
failing to file a timely petition
，
You entered into
your marriage in good faith, and not to evade immigration laws, but during
the marriage you were battered by, or subjected to extreme cruelty
committed by your U.S. citizen of legal permanent resident spouse, and you
were not at fault in failing to file a joint petition.
Please see CIS Form I-751 (Petition to Remove the
Conditions on Residence) for more specific information on waivers.
What if I Am in Divorce
Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on
your residence because of divorce or annulment proceedings, you may not
apply for a waiver of the requirement to file a joint petition, based on
the ＾good faith￣ exception. You may not file for the waiver until
after your marriage has been terminated.
Will I Get a Work Permit?
As a legal permanent resident, you should have received a permanent
resident card. This card will continue to prove that you have a right to
live and work in the United States permanently. If you file your CIS Form
I-751 (Petition to Remove the Conditions on Residence) on time, the CIS will extend your conditional resident status for up to 12 months while
your Form I-751 petition is under review.
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