Your conditional green card is valid for two years from the date of issuance and cannot be renewed. Failure to apply for the removal of conditions of residence within 90 days of its expiration may result in the loss of your conditional resident status and potential deportation or removal from the United States.

The 90-day period can elapse rather swiftly. Retaining a skilled immigration attorney guarantees adherence to deadlines, meticulous organization of supporting documentation, and completeness of your LPR status application.

Eligibility to Remove Conditions on Green Card

In the majority of cases, U.S. Citizenship and Immigration Services (USCIS) mandates joint filing of Form I-751 by both you and your spouse, with some exceptions.

Eligibility criteria set by USCIS for the removal of conditions of permanent residence include:

• You are still married to the same U.S. citizen or LPR after two years.
• You are a child who cannot be included on your parents’ application for a valid reason such as receiving conditional resident status more than 90 days after your parent did.
• You are a widow or widower who entered into your marriage in good faith.
• Your marriage ended through divorce or annulment, but you entered the marriage in good faith.
• You or your child was battered or subjected to extreme hardship by your spouse, but you entered the marriage in good faith. See VAWA petitions. In such a case, you may apply for adjustment of status at any time.
• Your children may be included on your application if their conditional resident status was received at the same time or within 90 days of your own.

Other issues arising from petitioning to remove conditions on permanent residence:

• Did you fail to meet the 90-day window to apply for removing conditions?
• Are you unable to complete Form I-751 with your spouse? Do you need a waiver?
• Do you have concerns about your right to work in the U.S. while your application processes?
• Are you in divorce proceedings or considering divorce?
• Do you need to appeal a denied application?

How Long Does it Take to Remove Conditions on a Green Card?

The processing timeline for removing conditions on a green card varies depending on the accuracy of your completed I-751 package and the caseload of the USCIS office where you filed. Below is a quick breakdown of the process:

• You will receive a Receipt of Petition 4 to 6 weeks after filing. If additional documents are needed or your package was rejected, you will receive an extension.
• Biometrics Appointment – 7 to 10 weeks after filing
• Interview Appointment – 8 to 12 months after filing
• Receive Green Card – 12 to 18 months after filing

Get Help With the Removal of Condition Form

The same holds true for Form I-751 as with all other immigrant petitions/applications: Filing fees can be costly, and USCIS requirements are intricate. Consulting with our firm’s skilled immigration attorney is worthwhile to ensure no efforts are wasted and that delays in the process are minimized or avoided.