Removal of Conditions: What You Need to Know About Form I-751
- Thamys Gaertner
- Oct 1
- 3 min read
Obtaining permanent residency in the U.S. can come with an important condition for those who recently got married: a green card valid for only 2 years. To continue on the path toward a 10-year permanent residence, it is necessary to go through the removal of conditions process by filing Form I-751.
In this article, we explain what conditional residence means, the main categories to file the I-751, and what to expect during this process.
True or False: Secondary Inspection at the Airport
Before diving into removal of conditions, let’s address some common questions about secondary inspection at U.S. airports:
“Anyone can be sent to secondary inspection without prior notice.” True. Immigration officers have the discretion to refer any traveler for additional screening.
“If I have all my documents in order, I will never go through secondary inspection.” False. While it lowers the chances, factors like system alerts or recent travel may still result in secondary inspection.
“During inspection, they can check my luggage, my phone, and ask about my travel history.” True. Officers may examine belongings and ask questions about your plans in the U.S.
“Being sent to secondary inspection means I will be deported.” False. In most cases, it is simply an additional verification.
What Is a Conditional Permanent Resident?
Those who receive a marriage-based green card and had been married for less than 2 years at the time of approval obtain a conditional permanent residence valid for 2 years.
On the other hand:
If the couple had been married for more than 2 years at approval, they receive a 10-year green card.
Individuals who obtained permanent residence through other means (such as employment or family petitions not based on marriage) also receive a 10-year green card.
Key difference:
Conditional green card (2 years) → requires Form I-751.
Standard green card (10 years) → renewed through Form I-90.
Form I-751: Main Categories
Form I-751 is the petition to remove the conditions of residence and obtain a 10-year green card. The main categories are:
Joint Petition
The couple is still married.
Must be filed within the 90 days before the card expires.
Requires proof of a bona fide marriage: joint accounts, tax returns, photos, children, etc.
Waiver Based on Divorce or Annulment
The marriage ended but was originally entered in good faith.
Can be filed anytime after divorce.
Waiver Based on Abuse or Extreme Cruelty
The conditional resident suffered abuse by their spouse.
Can be filed without waiting for the 90-day window.
Waiver Based on Extreme Hardship
If leaving the U.S. would cause extreme hardship for the immigrant.
How Does the Process Work?
The conditional resident files Form I-751 along with evidence of the marriage or the basis for the waiver.
Once filed, they automatically receive an extension of their conditional green card, which allows them to keep working and traveling legally.
If approved, a 10-year green card is issued.
If denied, the person may face removal proceedings but still has the opportunity to defend the case with legal support.
Tips for Success
Organize your evidence: joint bank accounts, leases, photos, and other documents.
Pay attention to deadlines: don’t miss the 90-day window for a joint petition.
Consider legal counsel: especially in cases of divorce, abuse, or extreme hardship.
Be honest and consistent: avoid contradictions with prior immigration records.
Conclusion
Removal of conditions is a crucial step for those who received a conditional 2-year green card. Being well-prepared with the right documentation and, if necessary, seeking support from an immigration attorney can make all the difference in the outcome.
At Gaertner & Torres PLLC, recognized as Chambers Top Ranked USA 2025, we have successfully guided hundreds of couples and residents through this process.
Schedule your consultation today and receive the personalized guidance you need to secure your future in the U.S. 👉 Book a Consultation
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