Remove conditions on permanent residence based on marriage

You should apply to remove conditions on permanent residence based on marriage during the 90 days before your second anniversary as a conditional resident.  The expiration date on your alien registration card (commonly known as a green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. You and your spouse must apply together.

A lawful permanent resident has the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

Have questions about applying to remove conditions on permanent residence? Contact Dallas immigration attorney Jessie M. Thomas for a free case evaluation (214) 838-0045.