In cases when your permanent residence status is conditional, or else said, when it is based on a marriage that was less than 2 years old from the day you were given permanent residence, you can remove the conditions if you are under some specific circumstances.
In general, you are given conditional resident status on the day you are admitted in a lawful to the United States based on an immigrant visa or adjustment of your status to permanent residence.
The reason why your status is conditional, it’s because you must that your marriage was not made to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.
Eligibility Criteria when removing the conditions
Generally speaking, you have the right to apply and remove your conditions on permanent residence only if you:
- Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
- Are a child and, for a valid reason, cannot be included in your parents’ application
- Are a widow or widower who entered into your marriage in good faith
- Entered into a marriage in good faith, but the marriage ended through divorce or annulment or,
- Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
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