Form I-751 and How to Remove Conditions on Green Card: FAQ

Who is eligible to apply to remove conditions on green card on permanent residence?

You may apply to remove your conditions if you:

• Are still married to the same U.S. citizen or legal permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days)
• Are a child and cannot be included in the application of your parents for a valid reason
• Have been widowed and was in a marriage that was entered into in good faith
• Entered into a marriage in good faith, but the marriage was ended through divorce or annulment
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or legal permanent resident spouse
• Would be subject to extreme hardship on the termination of your conditional resident status

Will I be issued a conditional green card in New Jersey?

USCIS will look at the date of the application and see when you were married.  If the marriage occurred within two years of the application, you will generally be issued a conditional green card.  However, if you have only recently been approved for U.S. residency and are not sure whether you are a conditional resident or when your residency will expire, look at the stamp in your passport if you are consular processing. If it shows “CR-1” then you received only conditional residence. The date below the CR-1 will show you when your two years of conditional residency ends.  Otherwise, wait until you receive your green card.  It will show the date of expiration.  If it is less than two years, you are a conditional green card.

How to remove conditions on green card in New Jersey

If you have a conditional green card that means you were married for less than two years when your spouse applied for you.  Because your marriage is of a short duration USCIS is even more suspicious than usual of fraud.  This gives USCIS a second opportunity to rule on your marriage before you get your permanent green card.  If you don’t apply to remove the conditions by filing a form I-751 or if USCIS determines your marriage is a sham, they will take away your green card and place you in removal hearings.

How to convert a conditional green card to permanent in New Jersey

To convert your conditional status to permanent status, you will need to submit a Petition to Remove the Conditions on Residence (Form I-751), with supporting evidence and the appropriate fees, up to 90 days before your conditional residence status expires. If you apply before the 90, the application will be returned to you.   If you fail to file before the two year anniversary, your card and your conditional residence status will both expire and you could be deported. You have a three-month window to file your application.  You must timely submit the application, the appropriate filing fee, and any supporting evidence in order to qualify.