Home 9 Our Services 9 Remove Conditions on Green Card and Waivers

Looking to become a resident without conditions?

The I-751 waiver is associated with the removal of conditions on a conditional green card (valid for only two years) obtained through marriage to a U.S. citizen that was less than two years old on the day the person became a permanent resident. If the person is married to a U.S. citizen spouse for more than two years when they applied for permanent residency, the person is eligible for a 10-year green card.

The I-751 Waiver

Conditional permanent resident status is given either at the time the person is admitted to the United States on an immigrant visa or adjust their status to that of a permanent resident.

The conditional resident has to prove that they did not enter the marriage to circumvent the immigration laws of the United States.

 

Timing of Filing

  • The I-751 petition should be filed jointly by the conditional permanent resident and their U.S. citizen spouse within the 90-day period before the expiration of the two-year green card.

 

Joint Filing Requirement

  • The standard process involves joint filing by both spouses. This is to reaffirm the authenticity of the marriage. Both spouses are required to sign the petition.

 

Exceptional Circumstances

  • If the marriage has ended due to divorce, the death of the U.S. citizen or permanent resident spouse, or if there is evidence of abuse or extreme hardship, the conditional resident may be eligible to file the I-751 waiver.

 

I-751 Waiver Categories

  1. Waiver Based on Divorce:
    If the marriage has ended in divorce, the conditional resident will need to prove that the marriage was genuine. Separation, long divorce proceedings, and fear of filing for divorce should be discussed with the attorney.
  2. Waiver Based on Abuse or Extreme Hardship to Conditional Resident Spouse or Children:
    In cases of abuse or extreme hardship, the conditional resident may be eligible for a waiver. Verbal, emotional, or physical abuse by your U.S. citizen spouse may make you eligible for this waiver and you do not need a final divorce to file at any time during the two-year period.
  3. Widowed Spouse Waiver:
    If the U.S. citizen spouse has passed away you can file for the waiver at any time during the two-year period followed by the death of the spouse, with proof that marriage was entered in good faith.

 

Evidence and Documentation

  • The I-751 petition, whether filed jointly or as a waiver, requires supporting evidence to demonstrate the marriage was bona fide (genuine). This may include joint financial documents, shared property, photos, and other proof of a good-faith marriage.

 

 

What are the steps for the I-1751 Waiver?

  1. File Form I-751
    Complete and submit Form I-751, Petition to Remove Conditions on Residence, to the U.S. Citizenship and Immigration Services (USCIS).
  2. Provide Supporting Documentation
    Gather evidence demonstrating the legitimacy of the marriage or reasons for a waiver, including joint financial documents, shared property, children, photos, etc.
  3. Attend Biometrics Appointment
    Attend a biometrics appointment for fingerprinting and identity verification.
  4. USCIS Interview (if required)
    Attend a USCIS interview alone and be well prepared to discuss the relationship and the basis of the waiver.
  5. Receive Decision
    USCIS reviews the petition, and if approved, the conditional status is removed, and a 10-year permanent residency card is issued.

Let’s navigate this journey together.

From one immigrant to another, we’re here for you. 

HBM Law is an immigration-focused law firm representing foreign nationals, couples, and their families. We are bilingual lawyers specialising in U.S. visas, green cards, citizenships, waivers, and beyond. If you’re in need of compassionate, practical, and professional legal advice, our team looks forward to hearing from you.

Why Choose Us?

We are immigrants and all about families.

If you have searched "immigration lawyer near me in Iowa", you might have come across our HBM Law Offices based in West De Moines (IA) known for being the immigrant’s immigration lawyer in the community of Iowa. With regional touch points in Iowa, Singapore, and India, we have been representing clients nationwide and across the world since 2012.

12+ years experience in family law and immigration law

HBM Law is one of Iowa’s few immigration law firms who are predominantly immigrants with a laser focus on family immigration. We stay ahead of all things on immigration practices in U.S. immigration law. Our immigration firm offers specialized care and attention for immigration matters that are difficult to find elsewhere in Iowa.

5-Star immigration lawyer for your immigration case success

We guide you every step of the way with tailored legal advice and support including green card, citizenship, fiancé(e) and spouse visa applications, waiver for unlawful presence (I-601A provisional waiver), fraud, misrepresentation, VAWA, removal of conditions (I-751 waiver), vaccination waivers, naturalization medical exemptions, and more. Our consistent 5-Star track record demonstrates our commitment to achieving successful outcomes for families, ensuring that you receive the best possible representation throughout your immigration process. Not only does this come from deep expertise in these practice areas, our principal immigration lawyer knows first-hand the complexities and difficulties of immigration issues.

Team of immigration lawyers who are all about families

Principal immigration attorney, Himani Bhardwaj, is an Indian national who became a naturalized U.S. citizen in 2010. If you’re a foreign national seeking support for you or your family's immigration journey, the HBM law firm’s team understands the unique cultural and linguistic needs of immigrants and their families navigating the United States legal system. We are by your side to advocate for your rights ensuring your applications are handled with respect and compassion.

We are happy to help you and your loved one today. Let's start a conversation.

Our dedicated and experienced team knows immigration law inside and out helping thousand of cases with 178 Five-Star reviews. Contact us today for a consultation.