How Can You Successfully Remove Conditions on Your Green Card?
If you received a conditional green card through marriage, you’ll need to take specific steps to maintain your lawful permanent resident status. These conditional cards are valid for only two years, and failing to file the correct paperwork on time could lead to serious consequences, including removal proceedings.
Removing conditions isn’t automatic; it’s a process that requires evidence, planning, and legal accuracy.
As an immigration attorney in Dallas, Texas, I’ve worked with many individuals and couples to help them successfully remove conditions and move one step closer to full permanent residency. Read on for more information about how to protect your status and what to expect during the process with M Mathew Law Firm, PLLC.
What It Means to Have a Conditional Green Card
A conditional green card is typically issued to individuals who obtained residency through a marriage that was less than two years old at the time of approval. This status is designed to allow the government to confirm the authenticity of the marriage before granting full lawful permanent residency.
Unlike a 10-year green card, the conditional version is only valid for two years. If the conditions aren’t removed in time, your residency will expire, and you may become deportable. That’s why it's crucial to act within the correct time frame.
Understanding the nature of conditional residency is the first step; next comes knowing when and how to act to remove those conditions before they expire.
When and How to File Form I-751
To remove conditions on your green card, you must file Form I-751, Petition to Remove Conditions on Residence. This petition must typically be filed within the 90-day period before your two-year card expires. Filing too early or too late can result in rejection or even removal proceedings.
If you’re still married, you and your spouse must file jointly. If the marriage ended in divorce, or if there was abuse or hardship, you may request a waiver and file on your own. Supporting evidence becomes even more important in these cases.
Now that you know the filing window and the form you’ll need, let’s go over what evidence you should submit with your petition.
Evidence You’ll Need to Remove Conditions
The U.S. Citizenship and Immigration Services (USCIS) wants to see that your marriage was genuine and not entered into solely for immigration purposes. That’s why strong evidence is essential.
Some types of documentation that help support your petition include:
Joint financial records – Such as shared bank account statements, joint tax returns or credit card statements showing both names.
Lease or mortgage documents – Any shared housing agreements, including rent receipts or mortgage statements.
Photos and correspondence – Images from holidays, family events or gatherings that span the course of the relationship.
Children’s birth certificates – Documents that show shared parental responsibilities.
Affidavits from friends and family – Statements from people who can vouch for the validity of your marriage.
These documents should help demonstrate that your relationship was genuine and ongoing during the period of conditional residency. Gathering the right evidence for your immigration attorney is vital, but you also need to know what happens if you're no longer married.
What to Do If You’re Divorced or Separated
Life doesn’t always go as planned, and not every marriage lasts. If you’re divorced, legally separated, or have suffered abuse during your marriage, you can still file Form I-751. You’ll need to request a waiver of the joint filing requirement.
USCIS understands that legitimate marriages sometimes end. However, the burden of proof becomes heavier when filing alone. You’ll need to demonstrate that the marriage was originally entered into in good faith, even if it later ended.
When you're seeking a waiver, it’s even more important to present compelling evidence to support your case. After considering eligibility and filing options, many people start to worry about what happens after submission.
What to Expect After Filing Form I-751
Once you file Form I-751, USCIS will send a receipt notice confirming they received your petition. This notice extends your conditional status for 18 to 24 months while your case is under review. During this time, you maintain legal residency.
You may also be called in for biometrics (fingerprinting) and possibly an interview, especially if USCIS wants to verify the legitimacy of your relationship. The timeline can vary, but decisions usually take several months.
Understanding what happens after filing will help you stay prepared and maintain your status while the petition is pending. Still, many applicants make mistakes during this process—some of which can be costly.
Mistakes That Can Jeopardize Your Petition
Errors in your petition or a lack of preparation can result in delays or denials. Whether it’s submitting incomplete forms or providing insufficient evidence, small mistakes can have serious consequences.
Some important missteps to avoid include:
Filing outside the 90-day window – Missing the deadline can result in a denied petition and the start of removal proceedings.
Not including enough documentation – Submitting weak or limited evidence may raise questions about the validity of your marriage.
Failing to notify USCIS of address changes – If you miss correspondence from USCIS, your petition could be delayed or closed.
Not responding to a Request for Evidence (RFE) – Ignoring or submitting late responses to RFEs could weaken your case.
These common pitfalls can make or break your petition. But even if problems arise, there are ways to respond—especially if you’re prepared for an RFE or a notice of intent to deny.
Responding to a Request for Evidence or Notice of Intent to Deny
If USCIS feels your petition lacks enough supporting documentation, they may issue a Request for Evidence (RFE). This isn’t a denial, but it’s a warning that you’ll need to provide additional proof.
Similarly, a Notice of Intent to Deny (NOID) means USCIS plans to deny your petition unless you submit convincing information. You must respond by the deadline provided, typically within 30 days.
Some key steps to follow if you receive an RFE or NOID include:
Review the notice carefully – Understand exactly what USCIS is asking for before responding.
Gather stronger documentation – Include new or overlooked evidence such as updated tax returns, new affidavits, or photos.
Seek legal guidance – An immigration attorney can help craft a strong and persuasive response tailored to the agency's concerns.
Being proactive in responding to these notices is key to keeping your case on track. But before you even file, you should be sure you're eligible.
Eligibility Requirements for Removing Conditions
To qualify for the removal of conditions, you must meet several requirements. First, your marriage must have been entered into in good faith and not solely for immigration benefits. You must also be a conditional resident whose status hasn’t yet expired.
If you’re still married, you must file jointly with your spouse. If your marriage ended or you suffered abuse, you can request a waiver and file independently. In all cases, you'll need to show strong supporting evidence.
Meeting the eligibility criteria is a fundamental part of the process. Once you’ve met those standards and filed successfully, you can focus on the benefits that come with removing the conditions.
Benefits of Removing Conditions on Your Green Card
Removing conditions on your green card brings important benefits. Once approved, you’ll receive a 10-year permanent resident card. This opens the door to more opportunities, including future eligibility for U.S. citizenship.
You’ll also be able to travel freely, renew your green card without as many restrictions, and avoid the stress that comes with temporary status. Most importantly, you gain stability in your legal status.
These benefits are valuable for anyone who wants long-term residence in the U.S. While the process can feel overwhelming, working with the right immigration attorney can make a major difference.
Call for Legal Guidance From an Immigration Attorney
As an experienced immigration attorney at M Mathew Law Firm, PLLC, I’m here to guide you through each stage of your petition. Located in Dallas, Texas, I serve clients throughout Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, and Mesquite. If you’re ready to protect your status and move forward, contact me today to get started.