Practice Area
Removal of Conditions on Residence and Waivers
A conditional green card is a two-year green card. To keep your permanent residence, you must file a petition to remove the conditions before the card expires. In some situations, a waiver is available if you cannot file jointly with your spouse.
Who is this for?
This practice area covers two related situations. First, spouses of U.S. citizens who received a conditional (two-year) green card because their marriage was less than two years old when the green card was approved — they must file Form I-751 to remove the conditions. Second, people who need an immigration waiver — a formal request to overlook a ground of inadmissibility or deportability — such as the I-601 waiver for unlawful presence or the I-601A provisional waiver.
Common situations we handle
- Filing Form I-751 jointly with your spouse to remove conditions on a two-year green card
- Filing Form I-751 with a waiver if you are divorced, widowed, or were subject to abuse
- Applying for an I-601 waiver of inadmissibility based on extreme hardship to a qualifying relative
- Applying for an I-601A provisional unlawful presence waiver before consular processing
- Other waivers related to grounds of inadmissibility or deportability
How the removal of conditions process works
- 1
File Form I-751 within the 90-day window
You must file Form I-751 during the 90-day period before your conditional green card expires. Filing late can result in the termination of your permanent residence status. USCIS will send a receipt notice that extends your status while the petition is pending.
- 2
Joint filing vs. waiver filing
Most people file jointly with their spouse. If you are no longer married (due to divorce, death, or abuse), you may be eligible to file with a waiver. The waiver requires additional evidence and a stronger showing of the bona fides of the original marriage.
- 3
Submit evidence of a bona fide marriage
Whether filing jointly or with a waiver, you must submit evidence that your marriage was entered into in good faith — not for immigration purposes. This includes joint financial documents, lease agreements, photos, and other evidence of a shared life.
- 4
Biometrics and possible interview
USCIS will schedule a biometrics appointment. An interview may be required, particularly in waiver cases or if USCIS has questions about the marriage.
- 5
Receive a 10-year green card
If approved, your conditional residence is removed and you receive a 10-year green card. You are then a lawful permanent resident without conditions.
Common questions about removal of conditions and waivers
When should I file my I-751?
You must file Form I-751 during the 90-day window before your conditional green card expires. Do not file too early — USCIS may reject a petition filed outside this window. Mark your calendar and contact an attorney well in advance.
What if I am divorced before I file my I-751?
If you are divorced, you can still file Form I-751 with a waiver based on the fact that the marriage was entered into in good faith. You will need to provide evidence that the marriage was genuine, even though it ended in divorce.
What is an I-601 waiver?
An I-601 waiver is a request to USCIS to overlook a ground of inadmissibility — a legal bar that would otherwise prevent someone from obtaining a visa or green card. Common grounds waived include unlawful presence, certain criminal history, and misrepresentation.
What is a provisional waiver (I-601A)?
The I-601A provisional waiver allows certain people who are in the U.S. without status to apply for a waiver of unlawful presence before leaving the country for consular processing. This reduces the time spent outside the U.S. waiting for a decision.
Ready to Take the Next Step?
Schedule a consultation. The fee is applied toward your legal fees if you retain the firm.