Permanent residence status is conditional if it is based on a marriage that was less than two years old on the day permanent residence status was granted. Conditional resident status is given on the day the foreign national was lawfully admitted to the United States on an immigrant visa or an Adjustment of Status application was approved.
The status is described as “conditional” because the couple must prove that they did not get married to evade the immigration laws of the United States. Every individual granted conditional status must seek to “remove the condition.” If a conditional resident fails to do so, he or she will lose status and may be placed in removal proceedings.
Generally, one may apply to remove conditions on permanent resident status if:
- The conditional resident is still married to the same U.S. citizen or permanent resident after two years;
- Children may be included in your application if they received their conditional resident status at the same time as the parent did or within 90 days.
- This type of I-751 must be filed in the 90-day window preceding the green card’s expiration date.
- The conditional resident is a widow or widower of a marriage that was entered into in good faith;
- The conditional resident entered into a marriage in good faith, but the marriage was ended through divorce or annulment;
- The conditional resident entered into a marriage in good faith, but was battered or subjected to extreme hardship by a U.S. citizen or permanent resident spouse; or
- The termination of your conditional resident status would cause extreme hardship to the conditional resident.