WHAT IS CONDITIONAL RESIDENCE?

Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

WHAT MUST BE DONE TO REMOVE THE CONDITIONS ON RESIDENCE?

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

AM I ELIGIBLE TO APPLY?

WHAT IF I MISSED THE FILING DEADLINE?

If you fail to properly file to Remove the Conditions on Residence within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the Service will order removal proceedings against you. You will receive a notice from the Service telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the Service is not responsible for proving that you did not comply with the requirements).

However, you can still after the 90-day period if you can prove in writing to the director of the Regional Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

WHAT IF MY SPOUSE WILL NOT AGREE TO FILE THE PETITION WITH ME?

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement.

You may request a waiver of the joint petitioning requirements if:

You may request consideration of more than one waiver provision at a time.

WHAT WILL MY STATUS BE WHILE MY PETITION IS PENDING AT THE INS?

WHAT IF THE INS DENIES MY PETITION?

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, INS must prove that the facts on your application were untruthful and that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision. Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country.

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