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Removal of Conditions Green Card Lawyer in Richmond, Virginia
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If you received a two-year green card through marriage, you’re probably already aware: it’s not the end of the process. Before your card expires, you’ll need to take one more big step—filing Form I-751, Petition to Remove Conditions on Residence.
This form isn’t just a formality. It’s how you prove to the government that your marriage was real, and that you still deserve permanent status in the United States. But the stakes are high—file it late, file it wrong, or fail to provide enough evidence, and you could lose your status entirely.
That’s why working with a removal of conditions green card lawyer can make all the difference.
At Tingen Law, we help couples—and individuals—navigate this process with clarity and confidence. Whether you’re filing jointly with your spouse, seeking a waiver after a divorce, or applying based on hardship or abuse, we’re here to make sure your case is strong, accurate, and filed on time.
This is more than paperwork. It’s your future. And we’re ready to help you protect it.
Why Form I-751 Matters
Filing Form I-751 isn’t just about renewing your green card, it’s about proving the legitimacy of your marriage to the U.S. government all over again.
When you receive a conditional green card through marriage, it’s valid for only two years. Before it expires, you’re required to file this form to remove the conditions and request a permanent, 10-year green card.
And here’s the part many people don’t realize:
If you don’t file on time or if your application is incomplete or weak, your status can be revoked. That means removal proceedings, loss of work authorization, and in some cases, even deportation.
This form matters because it tells your immigration story. It’s your opportunity to show that your marriage was entered in good faith, even if you’re now separated, divorced, or widowed.
It also matters because USCIS reviews these filings closely, especially when red flags are involved. That’s why working with a removal of conditions lawyer can make the difference between a smooth process and a stressful legal fight.
Who Needs to File Form I-751?
If you received a 2-year conditional green card through marriage to a U.S. citizen or lawful permanent resident, you’ll need to file Form I-751 before your card expires. This is how you “remove the conditions” on your status and upgrade to a standard 10-year green card.
But not everyone files the same way. There are three main paths:
1. Joint Filers (Still Married)
If you’re still married and living with your spouse, you’ll file jointly. This is the most straightforward option—USCIS just wants proof that your marriage is real and ongoing.
2. Waiver Filers (No Longer Married or Other Issues)
If you’re no longer with your spouse—or if the relationship ended in divorce, abuse, or death—you can still file on your own by requesting a waiver. These cases often need extra documentation and careful legal strategy.
3. Victims of Abuse
If your marriage involved emotional or physical abuse, you may qualify to remove conditions on your own. This is similar to general waiver filers, addressed above, but these cases are sensitive and should always be handled with care, confidentiality, and compassion.
Form I-751 is generally required to be filed in the 90-day window before your conditional residency expires. Exceptions to this 90-day requirement apply to individuals who are not filing jointly with their spouse.
Common Issues We Help Solve
Not every removal of conditions case is smooth and that’s okay. Complications happen, and we’ve seen (and solved) just about all of them.
Here are some of the most common issues our removal of conditions lawyers help clients with:
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Divorce or Separation Before Filing
If your marriage ended before your I-751 was due, you can still file with a waiver. We help you explain your story clearly and legally. -
Little or No Shared Documentation
Maybe your finances weren’t combined, or you don’t have a lot of “proof.” We know how to build a strong case with what you do have. -
RFEs (Requests for Evidence)
USCIS often asks for more info. We help you respond quickly and thoroughly to avoid delays or denials. -
Allegations of Marriage Fraud
These are serious but not always fair. We know how to push back, provide context, and show the truth. -
Domestic Abuse or Trauma
If you're filing due to abuse or cruelty, we offer compassionate legal support and complete confidentiality.
No matter how simple or stressful your case feels right now, we’re here to help you move forward with a clear plan and the support you need.
What Will You Find in Our Free Green Card Guide?
Our Free Green Card Guide was carefully crafted by our experienced green card lawyers to give you a roadmap of what you can expect during your immigration process. Whether you're just beginning your journey or you’re facing uncertainty midway through, this guide is the ideal starting point.
And beyond the content, you’ll also get an exclusive look at how we operate at Tingen Law, and how our green card lawyers can help maximize your chances of approval with expert legal support every step of the way.
Meet Your Team
The Attorneys at Tingen law have years of experience helping clients like you. We work with an experienced paralegal and support staff team. We'd love to see how we can help you overcome the immigration challenges you face.
Trent Powell
Trent brings a decade of experience to the Immigration practice at Tingen Law. Get to know him and how he helps clients get legal status in the U.S.
Jacob Tingen
As Managing Partner, Jacob coordinates the firm's practice generally. Learn more about Jacob and the work he does at Tingen Law.
James Williams
James represents clients across the intersection of immigration, business, and family law. Listen to his interview and discover how Tingen Law helps clients move forward with their life.
Frequently asked questions
The removal of conditions process is how you turn your 2-year conditional green card into a 10-year permanent green card. If you received your green card through marriage and it was less than two years old at the time, you were granted conditional permanent resident status.
To keep your status, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before your card expires. This form proves that your marriage was real and entered into in good faith—not just for immigration purposes.
USCIS reviews this filing closely, so strong documentation and legal accuracy are key. If your petition is approved, you’ll receive a 10-year green card and continue your path toward U.S. citizenship.
If you miss the deadline to file Form I-751, you risk losing your immigration status entirely.
USCIS can begin removal (deportation) proceedings, and you’ll lose the legal protections that come with permanent residency—including work authorization and the ability to travel.
That said, if you have a good reason for missing the deadline—like illness, family crisis, or other hardship—you may still be able to file late with an explanation. But timing is critical, and the longer you wait, the harder it can be to recover.
If you're running out of time, speak to a removal of conditions lawyer right away. We can help you file urgently and protect your status.
Yes, you can. If you’re no longer married or if you're separated, divorced, or were in an abusive relationship—you may be eligible to file a waiver to remove conditions without your spouse.
There are several waiver options, including:
- Divorce or annulment (if the marriage was entered in good faith)
- Abuse or cruelty (VAWA)
- Extreme hardship (if removal would cause serious harm)
- Death of the U.S. citizen spouse
Each of these paths requires specific documentation and a clear legal explanation. These cases are more complex but absolutely doable with the right help.
The required documents depend on whether you're filing jointly with your spouse or requesting a waiver—but in general, USCIS wants to see proof of a real marriage and shared life.
Common examples include:
- Joint lease or mortgage
- Shared bank accounts or utility bills
- Birth certificates of children together
- Joint tax returns
- Photos, travel records, or correspondence
- Affidavits from friends or family who can vouch for your relationship
If you’re filing solo, you’ll also need documents related to your divorce, separation, or evidence of abuse (if applying under VAWA). A strong cover letter and personal statement can also help connect the dots and explain your situation clearly.
Once you file Form I-751, USCIS will send you a receipt notice that extends your current green card status,usually for 24 months while your case is being reviewed.
Processing times vary depending on the USCIS service center handling your case, but most I-751 applications take anywhere from 12 to 24 months to complete.
If your case is straightforward and well-documented, it may move faster. If your case involves a waiver, RFE (Request for Evidence), or interview, it may take longer.
The good news is that while you wait, you retain your legal status, including the ability to work and travel, as long as you have that receipt notice and your expired green card.
Maybe. USCIS doesn’t interview every I-751 applicant, especially if your case is strong, well-documented, and filed jointly with your spouse.
However, an interview is more likely if:
- You’re filing without your spouse
- USCIS has questions about your marriage
- Your documentation is limited
- You’re filing under a waiver or VAWA
- Your case was flagged for potential fraud
If you’re scheduled for an interview, don’t panic. We help our clients prepare by walking through likely questions, organizing your documents, and coaching you on how to tell your story clearly and confidently.
A denial is serious, but it’s not always the end of the road.
If your I-751 is denied, USCIS will usually issue a Notice to Appear (NTA) in immigration court. This means your case will be referred to a judge, and you’ll need to defend your right to remain in the U.S. in removal proceedings.
In many cases, we can help clients:
- Refile a stronger application (if possible)
- File a motion to reopen or reconsider
- Present new evidence or legal arguments in court
- Explore other immigration options or relief
If you’ve received a denial notice—or think your case is at risk—it’s important to get legal help immediately. The sooner we step in, the more options we usually have to protect your case.