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Conditional permanent residence is a temporary status granted to certain individuals, typically spouses of U.S. citizens or permanent residents, who have been married for less than two years at the time of obtaining their green card. This status allows them to live and work in the United States for a period of two years.
To remove the conditions on their residence, the conditional permanent resident must file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS) within the 90-day period before the expiration of their conditional green card.
The petitioner must provide evidence that their marriage is bona fide and that they continue to reside with their spouse or have a valid reason for living separately. Evidence can include joint bank account statements, lease agreements, utility bills, and other documents that demonstrate a shared life together.
Once the petition is approved, the conditional permanent resident will be granted a green card, allowing them to live and work in the United States permanently. If the petition is denied, the conditional permanent resident may be placed in removal proceedings and face deportation from the United States.
There are exceptions if the couple is no longer together after two years that will allow the immigrant to pursue a form I – 751 petition.
Removal of Conditions on Residence, often referred to as "ROC," is the process by which certain conditional green card holders apply to have the conditions removed from their lawful permanent resident status.
Conditional green cards are typically issued to individuals who have been married to a U.S. citizen for less than two years at the time they are granted lawful permanent resident status.
A conditional green card is valid for two years.
You should apply for the removal of conditions during the 90-day period immediately before the expiration date on your conditional green card.
The form used to apply for the removal of conditions is Form I-751, Petition to Remove Conditions on Residence.
Yes, you can still apply for removal of conditions if you are no longer married to the U.S. citizen spouse, but you will need to request a waiver of the joint filing requirement.
You will need to submit evidence that your marriage was entered into in good faith, such as joint financial documents, photos, and affidavits from friends and family. If you are filing for a waiver, you will also need to provide evidence of the reasons for the divorce or separation.
Yes, if you have a pending I-751 petition, you can apply for a travel document (Form I-131) that allows you to travel outside the U.S. while your petition is pending.
After you submit Form I-751, USCIS will send you a receipt notice. You may also be called for a biometrics appointment. If required, you and your spouse may be scheduled for an interview.
If your petition to remove conditions is approved, you will be issued a new, 10-year green card, granting you permanent resident status.
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