USCIS

Petition to Remove Condition

Petition to Remove Conditions

Use this form if you are a conditional permanent resident who obtained status through marriage and want to apply to remove the conditions on your permanent resident status.

Your conditional permanent resident status is only valid for two years and cannot be renewed if you:

  • Received your conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident; or
  • Were admitted to the United States as a fiancé(e) of a U.S. citizen and then married the U.S. citizen.

You must file a petition to remove the conditions on your permanent resident status or risk losing your lawful status.

Eligibility

In general, you must file with your spouse within 90 days of your two-year Green Card (officially known as a Permanent Resident Card) expiring. If you do not file on time, we may automatically terminate your status and issue you a Notice to Appear (NTA).

If you are a conditional permanent resident child, you may be eligible to be included on your parent’s petition if you received your status on the same day as your parent, or within 90 days after your parent received conditional status. Otherwise, you must file your own petition with your stepparent.

You may file to remove conditions on your permanent residence status WITHOUT your spouse or stepparent at any time after you are granted conditional status IF:

  • You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
  • You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment;
  • You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;
  • Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or
  • Termination of your status and removal from the United States would result in extreme hardship.

Please visit the USCIS Remove Conditions on Permanent Residence Based on Marriage page for more information.

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