If you were granted a two-year conditional green card through marriage to a U.S. citizen or green card holder, you must petition to remove conditions from the green card prior to the card's expiration date. Any dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter should be included in your petition to remove these conditions from permanent residency. If you need an experienced removal of conditions lawyer, contact us to set up an in-office or virtual appointment to review your case.
If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then each dependent child must petition separately to have the conditions on their status removed.
Under limited circumstances, you may petition to remove the conditions without your spouse as described below. Bear in mind however that such cases are usually much more difficult to obtain approval for.
1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; and
5. The termination of your status and removal from the United States would result in extreme hardship.
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