Removal of Conditions on Permanent Residence

If you have been married less than two years at the time that your permanent residence (green card) is approved based on marriage, then you must file an application to remove the conditions (the two-­year validity period) on your green card. Congress intended this step to diminish marriage fraud by requiring those who receive marriage­-based green cards to again demonstrate the bona fides of their marriage to USCIS two years after initial processing.

This step is mandatory, and must be done in a timely fashion, within the 90-day period preceding the expiration of the two-­year green card. Most couples file this step together, although some individuals may apply for a waiver of the joint filing requirement. In most cases, if this application is properly prepared, it will be approved without an additional USCIS interview.

Do I need an attorney to assist me with removal of conditions?

Even in valid marriages, complications arise. Some marriages end in separation or divorce before the critical two­-year green card anniversary. In those cases, the foreign national spouse has to file a waiver of the joint filing requirement. Anytime removal of conditions requires a waiver of the joint filing requirement, you should consult with a seasoned attorney who can assist you with the necessary proof required to successfully remove conditions.

At a minimum, every couple facing removal of conditions should seek at least a consultation to have an attorney review their current situation for any red flags that might create a problem during this step.

Working with Poarch Law on Removal of Conditions

For our existing clients who have already worked with us on the green card process, we reduce our fees substantially for this step of the processing. Most couples are not interviewed at the time they remove conditions on the green card and most applications fly through the system quickly with little stress or concern.

Poarch Law has extensive experience moving even the most complicated case forward to conclusion. An attorney carefully manages the best evidence needed to demonstrate that the underlying marriage was valid and may even attend the interview with the client to assure proper processing.

While we will take removal of conditions in uncomplicated cases nationally, we only consult on complicated cases (cases requiring waiver of the joint filing requirement) regionally in case our attendance is needed at the interview. Call us if you are in Virginia, West Virginia, North Carolina, or Tennessee and need assistance with waiver of the joint filing requirement.


Complication: Divorce and Immigration

Next Step: Naturalization