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Removal of Conditional Status for a Marriage-Based Green Card 

At The Modi Law Firm, PLLC, our attorneys understand how complex immigration processes are in the United States. Our Houston lawyers may be able to assist you if you need to file for the removal of conditions on your marriage-based green card. If you became a lawful permanent resident through your marriage to a U.S. citizen and have been married for less than 2 years, the United States Citizenship and Immigration Services (USCIS) granted you a conditional green card valid for two years. The conditional green card exists to prove that you entered your marriage in good faith and not for immigration purposes. 

You need to file form I-751, Petition to Remove Conditions on Residence, within 90 days of the expiration date of your conditional green card. If you fail to do so, you will violate U.S. immigration laws and could face deportation. Our team of immigration lawyers can help you fill out the required form and compile your full application package so you can submit it within the required timeframe.  

Contact The Modi Law Firm, PLLC, today at (832) 514-4030 to schedule a consultation with one of our immigration attorneys in Houston to remove the conditions on your green card. 

Who Can File a Form I-751? 

You are eligible to apply for the removal of conditions on your marriage-based green card if you are: 

  • Still married (known as a “joint filing”) to the U.S. citizen or lawful permanent resident who sponsored you for your conditional green card 

  • A child who cannot be included in your parent’s application 

Waiver of Joint Petition Requirement 

In most cases, USCIS requires that conditional resident file their I-751 form jointly with the spouse who sponsored them. However, several exceptions exist. 

You may file your Form I-751 on your own (known as an “I-751 waiver”) if: 

  • Your marriage ended in a divorce despite entering it in good faith 

  • Your sponsor spouse died 

  • Your sponsor spoused battered/abused you and/or your child 

  • Likely to suffer extreme hardship if you lost your conditional resident status 

If any of those situations applies to you, you must provide acceptable evidence to support your claim and benefit from the waiver. In the case of domestic abuse, USCIS will not notify your sponsor, but the immigration officers need to know about your circumstances to properly review your case.  

The Application Process for Removal of Conditions 

At The Modi Law Firm, PLLC, we help you fill out the I-751 form and collect all supporting documents to prepare your application for removal of conditions. 

Your application package must include, but is not limited to, the following : 

  • Form I-751 with appropriate application fee completed and signed by both conditional resident and their sponsor spouse (if a joint filing) 

  • A copy of the conditional green card (front and back) 

  • 2 passport-style photos of the conditional resident and any child included in the application 

  • Evidence that the marriage is bonafide 

We can recommend specific documents to prove that you entered your marriage in good faith and that your relationship is genuine. 

Evidence that your marriage is bona fide may include the following if applicable to you: 

  • A joint deed or lease of your place of residence 

  • Jointly filed income tax returns 

  • Utility bills addressed to both spouses 

  • Records of joint financial assets including bank accounts and credit cards 

  • Mail addressed to both of you at your marital residence 

  • Insurance policies listing the other spouse as beneficiary 

  • Birth certificates of any child born during the marriage 

  • Car registrations and driver's licenses showing the marital address 

  • Affidavits from at least two people who know the couple well and can testify to the quality of the marriage 

  • Joint bank account statements 

  • Phone records 

  • Declarations/Affidavits 

After you submit your application package to USCIS, they will send you a receipt. You will also receive an official notice that officially extends your conditional green card for a specific time to allow for their review of your petition. Eventually, you may also receive a fingerprinting or biometrics appointment. 

USCIS may request an interview after receiving and reviewing your application. If you need to attend one, it is similar to the one you went through for your conditional green card and the questions primarily focus on your marriage.  

After the interview, the immigration officer may request additional documents or directly make their decisions. USCIS will notify you whether they approve your petition at time of interview or often several weeks after your interview. If immigration services approve your application, you receive a green card without conditions attached that is valid for 10 years. 

Do you need legal assistance to file for the removal of conditions on your green card? Contact The Modi Law Firm, PLLC, today at (832) 514-4030 to schedule an appointment in Houston! 

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