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Eligibility for Removal of Conditions 

Military Law Group

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US Permanent resident card

Marriage is among the possible routes to obtaining permanent residency in the United States. U.S. citizens and lawful permanent residents who are engaged or married to foreign-born citizens can help their spouses migrate to the United States and get a conditional permanent residence for two years.  

After two years of marriage, the non-U.S. citizen spouse may file a petition to remove the conditions of residence and obtain a permanent green card. An experienced Oklahoma immigration attorney can inform you about your eligibility for Removal of Conditions and help you steer key decisions.  

At Military Law Group, I’m committed to providing knowledgeable legal assistance and loyal advocacy to clients in immigration and residency matters. Also, I can help specify your eligibility and advise you through the filing process. My firm – Military Law Group – is proud to serve clients across Tulsa, Oklahoma, and throughout the Tulsa metro area, including Rogers County, Creek County, and the Creek and Cherokee Nations. 

What Is the Removal of Conditions?  

Removal of Conditions is the process whereby a person who got their conditional residency through marriage to a U.S. citizen or lawful permanent resident files a petition to remove such conditions in order to obtain a green card and retain their permanent resident status. 

Generally, if you migrate to the United States through marriage, your status will remain conditional until after two years. This conditional period is to show that you didn’t enter the marital union just to bypass U.S. immigration laws.  

Hence, to remove such conditions on your permanent resident status, you must file a petition within the 90-day of the expiration of the conditional residence. Consulting with a trusted attorney is crucial to determine your eligibility.  

Who Is Eligible for Removal of Conditions?  

Furthermore, you may be eligible to remove the conditions on your permanent resident status if: 

  • You are still married to your U.S. citizen spouse after two years. 

  • You are divorced from your U.S. citizen spouse but entered the marriage in good faith. 

  • You are a widower or widow who entered the marriage in good faith. 

  • You are a child and can’t be included in your parents’ application. 

  • You entered a marriage in good faith, but either you or your child were abused, neglected, or subject to hardship by your sponsor spouse. 

A competent immigration law attorney can help determine your eligibility for Removal of Conditions and inform you about the consequences of not filing your petition.   

What Happens If You Don’t File?  

However, if you fail to properly file your Removal of Conditions petition within the 90-day period before your conditional resident status expires: 

  • You will receive a notice from the USCIS informing you about the failure to remove conditions. 

  • Your conditional resident status will be automatically terminated. 

  • Removal proceedings against you will commence immediately. 

  • You will receive a Notice to Appear at a hearing. 

Thankfully, filing your Removal of Conditions petition properly and on time can help you avoid any of these consequences and retain your permanent resident status. A knowledgeable attorney can enlighten you about the application process and walk you through the legal steps involved. 

The Process of Filing for Removal of Conditions  

As mentioned earlier, in order to remove the conditions on your permanent resident status, you and your sponsor spouse – U.S. citizen spouse or lawful permanent resident – should file your application jointly within 90 days period before your conditional residence expires. Here are the steps involved: 

File Your Application Form: File Form I-751, Petition to Remove Conditions on Residence. You and your sponsor spouse must complete and sign the form. 

Submit Necessary Documentation: Submit other documentation with your application. These include a copy of your conditional green card and two passport-style photos of you and your children if any. 

Provide Evidence of Good-Faith Marriage: Submit evidence that your marriage is bona fide and you entered the union in good faith. Examples include the deed of a jointly owned property, jointly filed income returns, medical bills showing your names, insurance policies, and birth certificates of your children. 

Attend the Interview: You may need to attend an interview to demonstrate your eligibility for the removal of the conditions on your resident status. 

An experienced attorney can guide you through the application process, help submit all necessary documentation, and prep you extensively for your interview. 

Experienced and Trusted Legal Advice  

Navigating marriage and immigration law matters usually involve several complexities. In the event that you obtained your conditional permanent residence through marriage, you must file a petition to remove the conditions of residence and obtain your permanent green card after two years to continue living and working in the country. A professional immigration law attorney can determine your eligibility and help you navigate vital decisions.  

At Military Law Group, I have devoted my career to offering experienced legal services and guiding clients through the complexities of the Removal of Conditions application. As your legal counsel, I can evaluate your unique situation and help determine whether you are eligible to apply for the removal of the conditions on your permanent resident status. 

Contact my firm – Military Law Group – today to schedule a simple consultation with a reliable immigration attorney. I have the dedicated advocacy and detailed legal guidance you need to navigate intelligent decisions. My firm proudly serves clients across Tulsa, Oklahoma, and throughout the Tulsa metro area, including Rogers County, Creek County, and the Creek and Cherokee Nations.