REMOVAL OF CONDITIONS ON A PERMANENT RESIDENT CARD

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To remove the conditions of your residence you must file a case with the USCIS. Also, one of the following conditions must take place:

  • A U.S. citizen or a permanent resident and his spouse must apply together to remove the conditions on the spouse’s residence during the 90 days before the second anniversary as a conditional resident. If they do not apply to remove the conditions in time, the alien spouse could lose his conditional resident status and be removed from the U.S.
  • If the marriage becomes not viable, the petition to remove the conditions of residence may NOT be denied proving that the conditional resident entered the marriage in good faith
  • If the conditional resident has been battered or abused by his U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on his permanent residency at any time after he becomes a conditional resident, but before he is removed from the U.S.
  • If the couple is divorced, the alien may also apply to remove the conditions on his permanent residence at any time after he becomes a conditional resident.
  • A conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires in order to remain a permanent resident. The conditional card cannot be renewed. The conditions must be removed or the person will lose the permanent resident status.

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