If you receive a conditional green card, your immigration status is temporary. You must apply for removal of conditional residence to maintain your lawful permanent resident (LPR) status in the United States.
This process isn’t just paperwork. It’s how you show the U.S. government that your relationship or investment was real – and that you’re ready to move forward as a permanent resident.
In this guide, we’ll walk you through everything you need to know: how and when to apply for removal of conditional residence, what documents you’ll need, how to handle tricky situations like divorce, and why timing matters.
What Is Conditional Residence and Why Must You Remove It?
Conditional residence is like a trial run at permanent residency. It’s usually given to people who get a green card through a marriage that’s less than two years old or through the EB-5 investor program. You get all the same rights as a permanent resident, but only for two years.
To stay in the U.S. legally after that, you must apply for removal of conditional residence using Form I-751. This step proves that your marriage or investment wasn’t just for immigration purposes.
If you don’t file in time or don’t file at all, you could lose your status and face deportation. But once you know what’s required and you’re ready to take action, you’re in a good place.
When to Apply for Removal of Conditional Residence?
Here’s the most important timing rule: you must file Form I-751 within the 90-day window before your conditional green card expires.
Let’s say your card expires on December 1. You can apply anytime between September 2 and November 30. If you apply too early, USCIS will reject it. Apply too late? You risk losing your legal status unless you have a valid excuse and supporting documents.
There are some exceptions if you’re filing alone due to divorce, abuse, or other special circumstances. But for most people, sticking to the removal of conditional residence timeline is essential.
Mark your calendar. Set a reminder. Do whatever it takes to make sure you file on time.
Who Must Apply for Removal of Conditional Residence?
Anyone with a conditional green card needs to go through this step. That includes:
- Marriage-based conditional residents
- Investor-based conditional residents (EB-5)
- Derivative conditional residents, such as spouses or kids who got status through a family member
- In marriage-based cases, couples usually file together. But if things didn’t work out – maybe you got divorced or suffered abuse, you might qualify to file solo under a waiver.
No matter your situation, if you’re on a conditional green card, you’ll need to apply for removal of conditional residence to keep your future in the U.S. on track.
How to Apply for Removal of Conditional Residence?
To apply for removal of conditional residence, the primary form you need is Form I-751.
Here’s how the process works:
- Download and complete Form I-751 from the USCIS website.
- Signatures are required from both spouses in a joint filing. If that’s not possible, select the appropriate waiver category.
- Send the form to the proper USCIS filing address based on your state and filing type. USCIS periodically updates filing addresses.
- Include the required filing fee of $750 as of May 2025 per applicant. Payment can be made via check, money order, or credit card using Form G-1450.
- Attend a biometrics appointment once USCIS sends your notice.
Pro tip: make copies of everything you send, just in case. And keep the USCIS receipt – they’ll mail it to you, and it extends your legal status for 18 months while your case is reviewed.
What Documents Are Required for Removal of Conditional Residence?
This part can feel like a scavenger hunt, but gathering the right evidence is crucial. USCIS wants proof that your marriage (or investment) was the real deal.
Here’s what to include:
- Proof of shared life: Joint bank statements, utility bills, leases or mortgages with both names, travel records, family photos, etc.
- Financial records: Joint tax returns, insurance policies, shared credit cards or loans.
- Other documents required for removal of conditional residence if you’re filing based on special circumstances like divorce or abuse (e.g., divorce decrees, police reports, therapy letters).
The key is to organize everything clearly and tell a consistent story. The more proof you can provide, the better your chances of approval.
Special Circumstances: When Joint Filing Isn’t Possible
Not every relationship goes as planned. If you’re no longer with your spouse or you’re in a difficult or unsafe situation, you may still be able to file Form I-751 on your own.
Here are situations where solo filing is allowed:
- Divorce: If your marriage ended in divorce, you could request a waiver by showing the marriage was entered into in good faith.
- Death of a spouse: Include the death certificate and proof of a bona fide marriage.
- Abuse or battery: You may file under the Violence Against Women Act (VAWA) provisions.
- Extreme hardship: If returning to your home country would result in severe hardship, explain in detail with supporting evidence.
In these cases, you’ll need strong evidence of your situation, and you’ll want to explain everything clearly. It’s a good idea to speak with an immigration attorney to make sure your application is as strong as possible.
Final Thoughts
Applying for the removal of conditional residence is a key step toward full green card status and eventual U.S. citizenship. It’s a process that requires attention to detail, solid documentation, and good timing.
Remember:
- File within the 90-day window
- Submit Form I-751 and include all documents required for removal of conditional residence
- Understand your options if joint filing isn’t possible
Timely and accurate filing helps protect your status and puts you one step closer to permanent residency and later U.S. citizenship.
Ready to File or Still Have Questions? Visit Immigration Question to get your specific questions answered by experienced immigration attorneys. You can even connect with an immigration lawyer who may be willing to offer a free consultation to guide you through the process.
Frequently Asked Questions
1. What happens if I don’t file Form I-751 before my conditional residence expires?
Your conditional status ends, and you may be placed in removal proceedings. File on time or include a detailed explanation and evidence for late filing.
2. What is the deadline to apply for removal of conditional residence?
You must apply during the 90-day period before your conditional green card expires. Filing outside this window can cause delays or denials.
3. Can I apply for removal of conditional residence without my spouse?
Yes, USCIS allows individual waiver applications in cases of divorce, abuse, death, or hardship.
4. What if my spouse refuses to sign the joint petition?
You can request a waiver and must prove the marriage was genuine and not solely for immigration purposes.
