Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the date you became a permanent resident. We will grant you conditional permanent resident status if you are admitted to the United States on an immigrant visa, or change your status to permanent resident status.
Your status is conditional until after a certain period of time you can prove that you were not married to circumvent US immigration laws. To remove conditions, you must submit themForm I-751 Request for Waiver of Residence Requirements.
You cannot fill out Form I-90 to renew your permanent resident (green) card if you are a conditional permanent resident.
Generally, you must file an application for termination of permanent residence (referred to as a "joint application") with your U.S. citizen or lawful permanent resident spouse or step-parent if:
- You are still married to the same US citizen or lawful permanent resident after two years;* or
- After two years, your parent is still married to the same US citizen or lawful permanent resident spouse and you are not listed on your parent's Form I-751.
You may file Form I-751 without your U.S. citizen or lawful permanent resident spouse or step-parent if:
- Your spouse or step-parent, a US citizen or lawful permanent resident, died and you married in good faith;*
- Married in good faith but the marriage has ended by divorce or annulment;*
- You were married in good faith, but you or your child were beaten or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse;*
- Your parent was married in good faith, but you were beaten or subjected to extreme cruelty by your US citizen or permanent resident parent or step-parent; any
- Termination of your status and removal from the United States would result in extreme hardship.*
*If you are a conditional resident spouse, you may include your conditional residents in your application if they obtained your status at the same time as you or within 90 days.
refer toInstructions for Form I-751 (PDF, 270.23 KB)for more detailed admission requirements.
How to request removal of conditions
If you must file a joint application, you and your spouse or step-parent must file a joint application to waive the conditions of your residency by submitting Form I-751. For information on filing, required documents and fees, please visit ourFormular I-751book page.
Before submitting your form to us, please use ourfee calculatorto determine the right tariff. To find out where to submit your form, visit ourDirect filing addresses for Form I-751book page.
To ensure that we accept your request, visit ourForm submission tipsto learn exactly how to fill out your form, compose your petition and submit your form.
When to request the removal of conditions
You must submit your Form I-751 during the 90-day period immediately prior to the expiration of your conditional stay if you are submitting the Form I-751 with your U.S. citizen or lawful permanent resident spouse. The expiry date on your green card is also the date of your second anniversary as a conditional permanent resident. If you do not apply for the waiver in a timely manner, you could lose your conditional permanent resident status and possibly be expelled from the country.
Use ourspresentation calculatorto determine your 90-day opt-in date.
If you apply outside the 90-day period
If you do not correctly complete Form I-751 within 90 days prior to your second anniversary as a conditional permanent resident, we will:
- Automatically terminate your conditional permanent resident status and initiate a removal process against you;
- Send a notification that you have not removed the terms; It is
- Send you a notification to attend a hearing. At the hearing, you can review and refute the evidence against you. You are responsible for demonstrating that you have complied with the requirements (we are not responsible for demonstrating that you have not complied with the requirements).
If you file your Form I-751 after the 90-day deadline, you must include a written explanation as to why you were late in filing it. We will determine if there was a valid reason for not completing your I-751 form within the required time frame.
Your child's conditional green card
If your child was granted conditional permanent resident status at the same time as you or within 90 days of receiving it, you may list your child on your I-751 form. Your child will need to fill out a separate Form I-751 if they were granted conditional permanent resident status more than 90 days after you.
where to find the law
IsImmigration and Nationality Act (INA)regulates immigration to the United States. For the portion of the law relating to conditional permanent resident status based on marriage, see Section 216 of the INA. Specific eligibility requirements and procedures for removing conditions from permanent resident status are included in theCode of Federal Regulations (CFR) in 8 CFR Abschnitt 216.
This gives you an exemption from the obligation to submit a joint petition
In certain circumstances, you may request a waiver of the joint filing obligation.
If you are unable to apply to your spouse or step-parent to have your residence requirements waived, you may request a joint application waiver at any time before, during, or after the 90-day period immediately prior to the end of your conditional stay. You may request consideration of more than one waiver at a time.
You may request a waiver of joint submission requirements if:
- Their deportation or deportation would result in extreme hardship;
- you or your parents married in good faith and not to circumvent immigration laws, but your spouse or step-parent later died;
- You married in good faith and not to circumvent immigration laws, but the marriage ended in annulment or divorce and it was not your fault that you did not file the application on time;
- You were married in good faith and not to circumvent immigration laws, but during the marriage you or your child were beaten or subjected to extreme cruelty by your U.S. citizen or legal permanent resident and it was not your fault that you do not join Joint Petition ; any
- Your parent married in good faith and not to circumvent immigration laws, but during the marriage you were subjected to abuse or extreme cruelty by your US citizen or a lawful permanent resident parent or step-parent.
refer toInstructions for Form I-751 (PDF, 270.23 KB)for more detailed information on exceptions.
If you are getting divorced but are not divorced yet
If you are still married but legally separated and/or in the process of divorce or annulment and have filed a waiver, we will issue a Request for Evidence (RFE) specifically requesting a copy of the final divorce or Request annulment judgment, if applicable. .
If you are married but legally separated and/or in divorce or annulment proceedings, and you jointly filed an I-751, we will issue an RFE specifically stating a copy of the final divorce or annulment decree and Request a statement that you wish to treat your Joint Application Form I-751 as a waiver.
After we receive the final divorce or annulment decree within the allotted time frame, we will amend the application to reflect that you have demonstrated that you are eligible to apply for a joint filing waiver due to the termination of the marriage.
As a conditional permanent resident, you will receive a Green Card that is valid for two years. This card shows that you have the right to live and work in the United States for an initial period of two years.
If you complete Form I-751 in a timely manner, your acknowledgment of receipt will extend the validity of your conditional permanent resident status by 48 months. If your Form I-751 is pending and you need proof of your status after the first 48-month extension, call the USCIS Contact Center at 800-375-5283.
For more information on the types of documents you can use to prove your identity and work permits, visit ouracceptable documentsbook page.
How to check the status of your petition
To check the status of your order, enter your receipt number in ourStand des Fallsbook page.
We may require you to attend an interview to demonstrate your eligibility to waive conditions from your place of residence. If we require an appointment, we will send you an appointment notice letting you know when and where you can attend.
how to appeal
If we deny your Form I-751, we'll send you a decision explaining the reason for the denial. We may also issue a Notice of Appearance (NTA) before an immigration judge for removal procedures. You can ask the immigration judge to review your I-751 denial form during the removal process. During this review, DHS must demonstrate that USCIS correctly rejected your Form I-751 or that the facts and information you provided are untrue.
If the immigration judge issues a deportation order, you have 30 days to appeal the decision. After successfully completing form EOIR-26, Notice of Appeal of an Immigration Judge Decision, the appeal will be forwarded to theBoard of Appeal of the Immigration Service.
If you believe you are in a forced marriage or are applying for a spouse, please visit ourforced marriagepage to learn more about the available options.