Requirements for Conditional Permanent Residents

Lawful permanent residents are admitted as conditional residents when they are married for less than two years to their U.S. citizen or lawful permanent resident spouse on the day they were granted permanent residency. Certain immigrant investors are also conditional residents.

Conditional residents have the same rights as permanent residents, including the right to work in the United States and the right to petition on behalf of certain family members.

I-751 Petition to Remove Conditions on Residence

Petitions to remove conditions must be filed within 90 days before the two year anniversary of when the green card was issued.

Generally, conditional permanent residents that are married must file Form I-751, Petition to Remove the Conditions on Residence, with their spouse. This is called the joint filing requirement.

Waiver of the Joint Filing Requirement for I-751 Petitions

Conditional residents that are no longer married because their marriages have ended in divorce or annulment or because of the death of their spouses, or whose spouses refuse to join in the filing of the petition may request a waiver of the joint filing requirement.

USCIS may schedule an interview on the joint petition or on the waiver application.

Failure to appear for the interview will result in loss of immigration status and may lead to removal proceedings.