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Q: What is “Conditional Residence”?
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. Your permanent resident status is conditional, because you must prove that you did not get married purely for immigration purposes.
Q: How do I remove the conditions on my residence?
You and your spouse must apply together to remove the conditions on your residence. You must file the Form I-751 (Petition to Remove the Conditions on Residence) at the USCIS (U.S. Citizenship and Immigration Service) center having jurisdiction over your state of residence.
You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (a.k.a 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 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.
Q: 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. Individuals holding expired conditional Green Cards are considered “Out of Status” and the USCIS may start removal proceedings (deportation).
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