How to remove the conditions on a Green Card

The conditional Green Card is a type of residence that is granted in specific cases. If you were assigned these conditions, learn how you can remove them permanently.

The conditional Green Card is granted to people who applied for residency by marriage and have been married for less than two years at the time of obtaining it. Despite being conditional, it offers the same benefits as the permanent Green Card, but with the difference that it is valid for two years and cannot be renewed.

It should be noted that in order to obtain a permanent residence, it is necessary to remove the conditions of this Green Card, so you will inevitably need to do so. The process can take between 12 and 18 months.

The process to remove the conditions on a Green Card

Before starting this process, take into account these two requirements: If you are still married start the process 90 days before the two-year validity of the conditional Green Card expires.

If the marriage has ended, you will need to prove that it was real for as long as it lasted. This may include presenting financial records, proof that they shared the same address, and if necessary, proof of abuse or strong grounds for divorce.

That said, to remove the conditions on a Green Card, you will need to file Form I-751 Petition to Remove Conditions on Residence and a joint petition, which is usually filed under three conditions:

  1. If you remain married to the couple who sponsored you: File during the 90-day period before it expires.
  2. If you file on your own (due to the couple's divorce): You can apply at any time after receiving the conditional green card, although approval will be more difficult.
  3. If the validity has already expired: In some cases, it is allowed to start the process after the expiration, but you must present a letter explaining the reason that prevented you from doing it on time.

Previously, couples were required to conduct an in-person interview with USCIS authorities, but as of April 7, 2022, this requirement has been removed if authorities deem proof of legitimate marriage, sent by mail, to be sufficient.

What information do you need to fill out Form I-751

When filling out the form, you will be asked for some personal data, you must register your A-number (which you will find on your Green Card) and additionally, your online account number of the U.S. Citizenship and Immigration Services (USCIS), which you can verify in your digital profile on the agency's official website.

Subsequently, it will be necessary to update or ratify your mailing address and integrate your biographical information, which includes ethnicity, weight, height and some additional details. At the end, check the box to determine if you apply jointly (with your partner) or on your own.

Then they will ask you for information about children, partner or disabilities (only if this is the case). Finally, the confirmation of the information must be added, by the couple that sponsors the process. If you requested legal help during the process, the lawyer or consultant must record her information in the last section of the I-751 form.

This request must be sent via postal mail and the following documentation is additionally requested:

  • Copy of the front and back of the conditional Green card and the children's cards (if necessary).
  • Documents that prove the legitimacy of the marriage: documentation of mortgages, rent, shared assets or bank accounts, and joint tax returns.
  • Birth certificates of children during the marriage, canceled checks with the same home address, affidavits from friends or acquaintances, and even family photographs.
  • Details of any conviction or accusation during the period of validity of the Green Card.

What is the cost to remove the conditions of a Green Card

Every circumstance is different. Check the instructions to remove the conditions of a conditional Green Card, stipulated on the official pages of the USCIS, according to each case. And if necessary, request specialized help to facilitate the process.

The cost of the process to remove the conditions of your Green Card and form I-751 is $680 USD, which includes a $595 filing fee and an $85 biometric collection fee.