CONDITIONAL GREEN CARDS
Conditional green cards are typically issued to spouses of U.S. citizens or lawful permanent residents who have been married for less than two years at the time the green card is approved. These green cards are valid for two years and come with certain conditions that must be met in order to maintain lawful permanent resident status.
The conditions usually require that the couple remain married and continue to live together as a married couple. However, if the marriage ends in divorce or annulment, or if there is evidence of marriage fraud or abuse, the conditions on the green card may be lifted.
To remove the conditions on the green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the expiration date on the green card. If the marriage has ended, the conditional resident may apply for a waiver of the joint filing requirement.
The process of removing conditions on a green card can be complex, and it’s advisable to seek guidance from an immigration attorney to ensure compliance with all requirements. Failure to timely file the petition to remove conditions can result in the loss of lawful permanent resident status and potential removal from the United States..
To remove conditions from a conditional green card, typically obtained through marriage to a U.S. citizen or permanent resident, you need to follow these steps:
- Prepare Form I-751: Complete Form I-751, Petition to Remove Conditions on Residence. This form should be filed jointly with your spouse. If you are unable to file jointly due to divorce, abuse, or other reasons, you may be eligible for a waiver of the joint filing requirement. In such cases, you would file Form I-751 with a request for a waiver.
- Gather Supporting Documents: Compile evidence that your marriage is bona fide and not entered into for the purpose of evading immigration laws. This may include documents such as joint bank account statements, lease agreements, utility bills, insurance policies, and photographs of you and your spouse together.
- File the Petition: Submit the completed Form I-751, along with the appropriate filing fee and supporting documents, to the United States Citizenship and Immigration Services (USCIS) before the expiration date on your conditional green card. If filing jointly, both you and your spouse must sign the petition.
- Biometrics Appointment: After USCIS receives your petition, you may be scheduled for a biometrics appointment where your fingerprints, photograph, and signature will be collected.
- Interview (if applicable): In some cases, USCIS may schedule an interview to further assess the validity of your marriage and your eligibility to have the conditions removed from your green card. Be prepared to answer questions about your relationship and provide additional evidence if requested.
- Receive Decision: USCIS will review your petition and supporting documents to determine whether to approve or deny your request to remove conditions from your green card. If approved, you will receive a new permanent resident card (10-year green card). If denied, you will receive a written explanation of the reasons for the denial and may have the opportunity to appeal the decision.
- Continue to Maintain Legal Status: While your petition is pending and until you receive a decision from USCIS, continue to maintain your lawful permanent resident status by adhering to all immigration laws and regulations.
It’s essential to ensure accuracy and completeness when preparing and filing Form I-751, as well as to provide sufficient evidence to support the legitimacy of your marriage. Consider consulting with an immigration attorney for guidance throughout the process, especially if you encounter any complexities or have concerns about your eligibility.
