How To Remove Conditions From Your Green Card: A Step-By-Step Guide

• If you have a conditional Green Card through marriage or investment and you want to stay in the U.S. after it expires, you must take additional steps to secure a permanent 10-year Green Card
• Timely filing is crucial as it affects your legal status and your ability to work and travel
• A trusted immigration attorney will help fill out and file all required documents, keep deadlines, submit additional evidence, and avoid denial of your petition

If you reside in the United States as a conditional permanent resident, you might be wondering how to remove conditions from your Green Card, which has a validity of only two years.

We’ll share:

• The steps of the process
• Who can apply for removal of conditions
• Factors that can lead to the denial of your petition
• How our experienced immigration team at Spar & Bernstein can help you throughout the process

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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Bradford H. Bernstein

How To Remove Conditions From Your Marriage-Based Green Card

To remove conditions from your marriage-based Green Card:

1. Determine The Filing Time For Your Petition

You must file a petition to remove conditions within 90 days before your conditional two-year Green Card expires.

If you miss the deadline, your Green Card may be terminated, and you may fall out of status and be placed in removal proceedings.

Additionally, if you remain in the country after your conditional Green Card expires, you will begin accruing unlawful presence that can lead to a three- or ten-year bar from re-entering the U.S. in the future.

2. Collect Supporting Documents

Provide evidence of a bona fide marriage (see the next section of this guide for sample documents that can support your petition).

3. Pay The Filing Fee

Pay the fee of $750 using a check or money order.

If you filed a waiver of the joint filing requirement based on battery or extreme cruelty, there will be no fee for processing your petition.

4. File Form I-751

Fill out Form I-751, Petition to Remove Conditions of Residence accurately and sign the form with your spouse.

In limited cases, the requirement for joint filing may be waived. For example, if:

• You or your child suffered abuse or extreme cruelty by the U.S. citizen or permanent resident spouse.
• Your spouse passed away before you could file a joint petition.
• Termination of conditional residence can lead to extreme hardship to you (considering factors like medical needs or personal circumstances).

If you are filing alone, indicate the waiver category and provide additional documents.

Mail Form I-751 to the right U.S. Citizenship and Immigration Services (USCIS). Make sure you use the right address and keep a copy of each document for future reference.

5. Receive USCIS Receipt Notice

After USCIS receives your petition, they will send Form I-797, Notice of Action, to confirm receipt of your documents.

Filing Form I-751 extends the validity of your conditional Green Card for 48 months beyond the expiration date.

6. Attend A Biometrics Appointment

If requested by USCIS, attend an interview or provide biometrics (if USCIS determines that you are in a legitimate marriage based on the submitted supporting documents, your interview may be waived).

7. Receive A Decision

• If your petition is approved, you will receive a 10-year Green Card by mail.
• If your petition is denied, USCIS will provide reasons, and you may be placed in removal proceedings or given options to appeal.

Evidence Required For Form I-751

To prove that your marriage is genuine, submit the following documents:

• Joint income tax returns
• Joint bank account statements
• Joint lease or mortgage documents
• Utility bills in both your and your spouse’s names
• Birth certificates of children born during the marriage
• Photos together over time
• Affidavits from family and friends confirming your relationship

How To Remove Conditions From Your Investment-Based Conditional Green Card

If you obtained your Green Card through the EB-5 Immigrant Investor Program, you must also remove conditions from your Green Card, following these steps:

1. Determine When To File Your Petition

Submit your petition to remove conditions within the 90-day window before your Green Card expires. Failure to do so might lead to deportation.

2. Gather Evidence Of Investment

Collect documents that show you have met the EB-5 visa requirements (see the next section for more details).

3. Complete Form I-829

Fill out Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status with accurate details about your investment and business. Ensure all required sections are filled out to avoid delays.

4. Pay The Filing Fee

The filing fee is $9,525. Payments can be made via check, money order, or credit card using Form G-1450.

5. Submit The Petition To USCIS

Mail the completed Form I-829 and supporting documents to the designated USCIS lockbox based on your location.

6. Receive Form I-797

USCIS will send a receipt notice confirming they received your petition. This notice extends your conditional Green Card’s validity for 48 months beyond its expiration date.

7. Attend Biometrics Appointment

USCIS will schedule a biometrics appointment at a local Application Support Center (ASC) to take your fingerprints, photograph, and signature and conduct background checks.

8. Attend An Interview

In some cases, USCIS may require an interview to verify your investment and job creation. You may need to bring updated financial records, business documents, and employment records.

9. Wait For A Decision

If approved, USCIS will mail your 10-year-valid Green Card. If denied, they will give you the reasons for their decision — talk to an experienced immigration lawyer to understand your options.

Whether you are filing a petition to remove conditions as a spouse or an immigrant investor, you can create an online account. It will allow you to check USCIS processing times, monitor your case status or place a case inquiry, if there is unusual delay.

You can also work with a trusted law firm to help you in the process and keep you updated on the progress of your case.

Evidence Required For Form I-829

To prove you have met the EB-5 investment conditions, you must provide:

• Proof that you maintained the investment during your residence in the U.S.
• Business tax returns, bank statements, and payroll records
• Proof that your enterprise established a minimum of 10 jobs for qualifying employees
• Business licenses and contracts
• In the event of a struggling enterprise, provide proof that after your admission as a conditional permanent resident, your company kept the number of existing employees at the level preceding your investment.

Who Can Apply For Removal Of Conditions?

You can apply for removal of conditions if you are:

• A spouse of U.S. citizen or permanent resident sponsor
• A child who cannot be included in their parent’s petition
• A widowed partner who can prove they entered the marriage in good faith
• A divorcee who can prove they entered the marriage in good faith
• A spouse who entered the marriage in good faith but was abused by the sponsor spouse, or had children that were abused by the sponsor spouse
• An immigrant investor

When Should You Apply For Removal Of Conditions?

You must file a petition within 90 days of your conditional Green Card’s expiration date.

Note that applying within this time frame is crucial.

If you apply earlier than the required 90 days, USCIS will return your petition, and you will need to resubmit it.

If you apply after the expiration of your conditional Green Card and you do not submit evidence explaining the reason for the delay, USCIS is likely to reject your application.

To determine the right filing date, use the USCIS filing calculator.

Can Your Application For Removal Of Conditions Be Denied?

Yes — under certain circumstances, your petition to remove conditions from your Green Card can be denied. For example, in the fiscal year 2023, out of 119,672 completed cases of Form I-751, USCIS denied 5,531 petitions.

A removal of conditions might be denied due to:

• Failure to provide evidence about establishing a joint life with your spouse
• USCIS believing that your marriage is fraudulent
• Late application submission, without an explanation for the delay

If your petition to remove conditions has been denied, talk to a knowledgeable immigration attorney — they will review the reasons for denial and recommend the best path forward so that you can stay in the United States.

How To Remove Conditions From Your Green Card: Key Takeaways

• If you are a marriage-based conditional resident, you must file Form I-751 with proof of a genuine marriage.
• If you are an investor-based conditional resident, you must file Form I-829 showing compliance with EB-5 rules.
• You must file a petition to remove conditions within 90 days before your Green Card expires.
• Failure to file a petition on time can threaten your legal status and lead to removal proceedings.

How Spar & Bernstein Can Help Remove Conditions From Your Green Card

Whether your conditional Green Card is based on marriage or investment, removing conditions can be challenging due to USCIS strict timelines and requirements.

Our caring and compassionate immigration lawyers at The Law Offices of Spar & Bernstein will help you navigate through the complex process towards your lawful permanent resident status.

Our team will:

• Review your case.
• Help you compile any additional documents USCIS may need regarding your specific situation.
• Complete and file your petition for removal of conditions within the legal deadlines.
• Communicate with USCIS on your behalf.
• Conduct a mock interview to prepare you for any questions USCIS officers may ask you.
• Track the progress of your petition.

Check out the video below, where Brad Bernstein, Managing Partner at Spar & Bernstein and host of Brad Show Live, offers more insights on removing conditions from your Green Card.

Since 1958, we have handled hundreds of immigration cases, including employment and family immigration, investor visa, citizenship and naturalization, waivers, asylum & refugee protection.

Check out our immigration success stories — and become one of them!