Removal of Conditions

Securing Your Permanent Resident Status

When a foreign national marries a U.S. citizen or permanent resident, that foreign-national spouse is typically able to obtain permanent residence (a green card) through the marriage. In some cases, however, conditions may be placed on the foreign spouse's residence. Minor children of a foreign spouse may also have a conditional statuses placed on their permanent residence. For foreign-national spouses or their children to get the conditions removed, they need to apply for this through Form I-751.

This form must typically be filled out by both the foreign spouse and the spouse who is a U.S. citizen or permanent resident. It must also be filed within 90 days of the foreign spouse's conditional status expiring. If the removal of conditions process is not carried out properly, the conditional resident will lose his or her status as a permanent resident beginning exactly two years from the day on which he or she obtained your conditional status.

Do you need help seeking removal of the conditions of your permanent residence, or of your spouse's permanent residence? Our team of knowledgeable Virginia immigration attorneys at Fayad Law, P.C. can walk you through the process from beginning to end. The lawyers at our immigration law firm want to help you secure your status as a U.S. permanent resident and avoid the tragedy of having to be separated from your loved ones.

What do I need to include with my petition?

Here are some of the various things that must be included when you submit a petition for removal of conditions:

  • A copy of your Permanent Resident Card or Alien Registration Card (front and back), or such cards for your children who are considered conditional residents
  • Copies of documents that prove that the marriage on which the conditional residence was based was entered into in "good faith" and not for the intent of overriding immigration laws
  • Examples include mortgage or lease contracts that show a shared residence, financial records that show shared assets and/or liabilities, birth certificates of children the couple had together, etc.
  • A copy of a divorce decree or documentation proving the death of a spouse, when relevant
  • Documentation that clarifies any arrests or charges on your criminal record

At Fayad Law, our attorneys share more than two decades of legal experience. Contact a Virginia immigration lawyer from our firm so we can assist you with your immigration-related needs!