An individual who obtained a Green Card through marriage and came to the U.S. on a K1 visa or a CR-1 visa and received their Green Card received a Conditional Permanent Resident card that is valid for two (2) years. When this two-year conditional period ends, the permanent residence status automatically expires and the applicant may be subject to deportation and removal. To avoid this, 90 days or less before the conditional residence expires, the applicant must file a Petition to Remove the Conditions of Residence. Once approved, the conditional status will be removed and the applicant will receive their new Permanent Resident card that is valid for 10 years.

When to file Petition to Remove the Conditions of Residence

It is important to file within the 90-day period before your conditional green card expires.

NOTE: Do not file before the 90-day window because if you file too early, the USCIS will return your package.

Who May File Petition to Remove the Conditions of Residence

If you are still married, file jointly with your U.S. citizen or permanent resident spouse, through whom you obtained your conditional permanent status. If you have dependent children on a K-2 visa who obtained their conditional permanent status when you did, and they entered the United States within 90-days of your arrival, then you can include them on your petition. Furthermore, if the children obtained their conditional status 90 days after you obtained or adjusted your status or if the conditional permanent parent dies, they have to file separately in order to remove their conditional status.

In case you do not file jointly with your spouse, you may apply for a waiver if:

• You can show that you entered the marriage with honesty and good intentions, but your spouse subsequently died;

• You can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment;

• You can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

• The termination of your status and removal would result in extreme hardship.

Here is what you need to know about the Removal of Conditions process

• We HIGHLY recommend that you start the Removal of Conditions 4-5 months prior to expiration so that it can be filed 90 days prior to the expiration of your Green Card.

• You will have a biometrics appointment where they take your fingerprints and photograph.

• You may or may not have an interview.

• There are no income requirements for the Removal of Conditions and no Affidavit of Support to file.

What We Do For You

• We prepare all the forms, all you do is sign them.