When to File Your Petition to Remove Conditions
A conditional permanent resident receives a Green Card valid for two years. To remove the conditions on your permanent resident status, you must file a petition before your conditional Green Card expires.
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To remove the conditions on a Green Card based on marriage, you must file Form I-751, Petition to Remove Conditions on Residence.
- To remove conditions on a Green Card for entrepreneurs, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
If we granted you conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions.
| If | Then |
|---|---|
| You are filing with your U.S. citizen or lawful permanent resident spouse (called “filing jointly”). | You must file your Form I-751 during the 90-day period immediately before your conditional residence expires. Use the Filing Date Calculator below to calculate the correct filing date. |
| You were not included in your parent’s petition and are filing a separate joint petition with your U.S. citizen or lawful permanent resident stepparent. | You may file at any time before your conditional permanent resident status expires. |
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You may file your Form I-751 individually, or with a request to waive the joint filing requirement depending on the circumstance, at any time before your conditional permanent resident status expires. Divorce or annulment proceedings must be completed before you file. |
If you do not apply to remove the conditions in time, you could lose your conditional permanent resident status and potentially be removed from the country.
If we granted you conditional permanent resident status based on investment, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period before your Green Card expires.
If you do not file Form I-829 as required, you will automatically lose your conditional permanent resident status as of the second anniversary of the date you were granted conditional status. As a result, you will become removable from the United States.
To use the date calculator, check your permanent resident card to locate the date when the card expires, which can be found under the label Card Expires.
For example, using the expiration date shown on the card on the right, you would type 06 30 2023, into the appropriate cells of the calculator, as shown below:
The earliest date you may file your petition to remove conditions is:
04/01/2023
If you are required to file within 90 days of your conditional status expiring, you may use this calculator to ensure you submit your petition within the 90-day window.
If you are required to file within 90 days of your conditional status expiring, and USCIS receives your petition before this date, your petition may be rejected and returned to you for filing too early.
If you file your Petition to Remove Conditions late, you must include with your petition:
- A request to excuse your late filing; and
- A written explanation showing your failure to file on time was for good cause and due to extenuating circumstances.
We will determine whether there was good cause for the failure to file your petition within the required time period.