If you are a conditional permanent resident of the United States who obtained status through marriage and wants to apply to remove the conditions on your permanent resident status, you may file Form I-751, Petition to Remove Conditions on Residence, with United States Citizenship and Immigration Services (USCIS).

Your conditional permanent resident status is only valid for two years and cannot be renewed if you:

• Received your conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident; or

• Were admitted to the United States as a fiancé(e) of a U.S. citizen and then married the U.S. citizen.

You must file a petition to remove the conditions on your permanent resident status or risk losing your lawful status.

Eligibility

In general, you must file with your spouse within 90 days of your two-year Green Card (officially known as a Permanent Resident Card) expiring. If you do not file on time, USCIS may automatically terminate your status and issue you a Notice to Appear (NTA).

If you are a conditional permanent resident child, you may be eligible to be included on your parent’s petition if you received your status on the same day as your parent, or within 90 days after your parent received conditional status. Otherwise, you must file your own petition with your stepparent.

You may file to remove conditions on your permanent residence status without your spouse or stepparent at any time after you are granted conditional status if:

• You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;

• You or your parent entered into a marriage in good faith, but the marriage ended through divorce or annulment;

• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;

• Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or

• Termination of your status and removal from the United States would result in extreme hardship.

How to File

You must:

• Read the instructions for Form I-751, Petition to Remove Conditions on Residence;

• Complete and sign your Form I-751;

• Pay the filing fee, if applicable; and

• Provide all required evidence and supporting documentation.

After You File

Once USCIS receives your form, they will send you a:

• Receipt notice confirming we received your petition;

• Biometric services notice, if applicable;

• Notice to appear for an interview, if required; and

• Notice of their decision.

Forms and Fees

• Form I-751

• Use the USCIS fee calculator at https://www.uscis.gov/feecalculator

In South Dakota, as in all states, conditional permanent residents who obtained their status through marriage are required to file Form I-751 with the U.S. Citizenship and Immigration Services (USCIS) to remove the conditions on their residence. This form must be filed within the 90-day period before their two-year Green Card expires. If they fail to file on time, they may lose their status and receive a Notice to Appear (NTA) in immigration court. Children who received their conditional status through a parent can be included on the same form or file separately. In cases where the marriage has ended due to death, divorce, annulment, or if there was abuse or extreme cruelty, or if deportation would cause extreme hardship, individuals can file Form I-751 without their spouse or stepparent. The process involves following the instructions for Form I-751, signing the form, paying the required fee, and submitting the necessary evidence. After filing, the applicant will receive a receipt notice from USCIS, may be asked to attend a biometrics appointment, and could be called for an interview before a final decision is made. The USCIS fee calculator is available to help determine the correct filing fee.