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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

For many individuals who obtain a green card through marriage, the first step toward permanent residency comes with a condition—literally. If you receive a green card based on marriage to a U.S. citizen or lawful permanent resident, it is initially valid for only two years. To remain a lawful permanent resident beyond this period, you must file Form I-751, Petition to Remove Conditions on Residence, before your conditional green card expires.

At Kasturi Law, LLC, our Illinois immigration attorney helps clients navigate the complexities of conditional residency and the I-751 petition process to ensure they comply with U.S. immigration laws.

Conditional Green Cards

Why Do You Need to Remove Conditions on Your Green Card?

Filing Form I-751 on time is essential to maintaining your lawful status and continuing your path to U.S. citizenship.

If you fail to file Form I-751 before your conditional green card expires:

  • You may lose your lawful permanent resident status.
  • You may become subject to removal (deportation) proceedings.
  • You may face difficulties traveling, working, or renewing identification documents.

Who Needs to File Form I-751?

You must file Form I-751, Petition to Remove Conditions on Residence if:

  • You received a conditional green card through marriage.
  • You are still married to the U.S. citizen or permanent resident who petitioned for you.
  • You are widowed, but your marriage was entered into in good faith.
  • You are divorced or legally separated but can prove a genuine marriage.
  • You or your child experienced abuse in the marriage and need a waiver of the joint filing requirement.

What is the Filing Process for the I-751 Petition?

A conditional green card is valid for two years and cannot be renewed.

The filing process is as follows, depending on your status:

Joint Filing with Your Spouse

If you are still married, you and your spouse should file Form I-751 together within 90 days of the expiration date on your conditional green card.

You must provide evidence that your marriage is legitimate, such as:

  • Joint bank account statements.
  • Lease or mortgage agreements.
  • Utility bills in both names.
  • Birth certificates of children.
  • Affidavits from family and friends.
  • Travel records and photos.

Filing with a Waiver (If Filing Alone)

If you are no longer married, you can file Form I-751 alone with a waiver of the joint filing requirement under these circumstances:

  • Divorce or separation – You must prove that the marriage was entered into in good faith.
  • Abuse or extreme cruelty – You may qualify for a waiver if you suffered physical, emotional, or psychological abuse from your U.S. citizen or green card holder spouse.
  • Death of the petitioner – If your spouse passed away, you may still apply to remove conditions.

In these cases, additional documentation and legal support are often needed to approve the petition.

How Our Illinois Immigration Attorney at Kasturi Law, LLC Can Help

At Kasturi Law, LLC, we assist clients in Chicago and throughout Illinois with removing conditions on their green cards.

Our experienced immigration lawyer in Illinois can:

  • Determine your eligibility and filing strategy based on your circumstances.
  • Help gather substantial evidence to support your petition.
  • Prepare and submit Form I-751 correctly to avoid delays.
  • Advocate for you in case of a Request for Evidence (RFE), interview, or complications.

If your conditional green card is set to expire soon, or if you need help filing Form I-751, don’t wait. Failing to remove conditions can put your permanent residency at risk. At Kasturi Law, LLC, we provide trusted legal guidance to ensure your case is handled correctly. Contact our Illinois immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.