Removal of Condition
What is Removal of Condition?
Removal of Condition is a procedure for conditional green card holders to remove the condition so to become legal permanent resident.
Who Has Conditional Green Card?
There are two types of Conditional Green Card:
• Marriage-Based: Obtained green card through marrying US citizen and the marriage was less than 2 years at the time green card was approved.
• Investment-Based: Obtained green card through EB-5 investment program.
When to file Removal of Condition?
• Marriage-Based: If filing together with spouse, an alien who receives a conditional green card must file a petition to remove the condition within 90 days before the end of the second years of obtaining the immigrant status.
• Investment-Based: An alien who receives a conditional green card must file a petition to remove the condition within 90 days before the end of the second years of obtaining the immigrant status.
How to apply for Removal of Condition?
The Removal of Condition application should be filed using form I-751 for marriage-based conditional permanent residency with the US Citizenship and Immigration Services (USCIS). For investment-based conditional green card, the investor should file form I-829 with the US Citizenship and Immigration Services.
Different Situations Marriage-Based Conditional Resident can File Removal of Condition:
• Permanent resident is still married to the same U.S. citizen spouse;
• Marriage entered in good faith but was later ended through divorce or annulment;
• Marriage entered into in good faith but the US citizen spouse passed away;
• Marriage entered in good faith, but either the spouse or the child were battered or subjected to extreme hardship by the U.S. citizen or lawful permanent resident spouse; or
• The termination of the conditional resident status and subsequent removal from the US would result in an extreme hardship.