Removal Conditions On Permanent Residence

Obtaining a Green Card through marriage is a major milestone for foreign nationals married to U.S. citizens or permanent residents. However, in many cases, newly obtained permanent residency is conditional, meaning the individual is granted a two-year period of conditional permanent residency. This status is given to prevent fraud in marriage-based immigration and to ensure that the marriage is legitimate. Before the two-year period expires, the individual must apply to remove these conditions and gain permanent, unconditional residency.

What Is Removing Conditions on a Green Card?

When a foreign national obtains aGreen Card through marriage, the first Green Card issued is usually conditional, valid for two years. This is due to the U.S. immigration system’s focus on preventing fraud in marriage-based immigration. The U.S. Citizenship and Immigration Services (USCIS) grants conditional status if the marriage is less than two years old at the time of the Green Card issuance.

What is Conditional Permanent Residency?

Conditional permanent residency is a status given to immigrants who are married to U.S. citizens or lawful permanent residents, but the marriage is less than two years old at the time of the issuance of the Green Card. The primary purpose of conditional residency is to ensure that the marriage is legitimate and not entered into solely for immigration benefits.

During the conditional two-year period, the individual has many of the same rights and privileges as a permanent resident. However, the person must apply to remove the conditions before the Green Card expires.

Required Evidence to Remove Conditions on a Green Card

To successfully remove the conditions on a Green Card, the applicant must provide strong evidence that the marriage is bona fide, meaning it is not fraudulent or entered into for the purpose of immigration benefits. This evidence will include documentation that proves the couple is still married and living together.

Common evidence to submit includes:

• Joint financial documents, such as bank accounts, tax returns, and insurance policies
• Proof of shared residence, such as lease agreements, utility bills, or mortgage statements in both names
• Photos from the wedding, vacations, and family gatherings
• Correspondence showing ongoing communication between the couple, including emails or texts
• Birth certificates of children born to the couple, if applicable

The goal is to provide a compelling case that the marriage is genuine and not entered into solely for immigration purposes.

How to Apply for Removal of Conditions

To remove the conditions on your Green Card, you must file Form I-751, Petition to Remove Conditions on Residence. This petition must be filed within the 90-day period before your conditional Green Card expires. If filed correctly and on time, the applicant will receive a 24-month extension on their Green Card while the USCIS processes the petition.

Steps for applying include:

1. Complete Form I-751: Provide accurate information about your marriage, your background, and your immigration history.

2. Gather Required Evidence: Submit evidence to demonstrate that your marriage is legitimate and that you have been living together in a bona fide relationship.

3. Submit the Petition: Mail the completed Form I-751, evidence, and filing fees to the appropriate USCIS address.

4. Wait for Processing: After submission, the USCIS will review your petition and may request an interview or additional documentation.

5. Attend an Interview (if required): In some cases, the USCIS may schedule an interview to verify the authenticity of the marriage.

What Happens If You Don’t Remove the Conditions?

Failing to remove the conditions on your Green Card can lead to serious consequences. If you do not file Form I-751 or fail to provide sufficient evidence before the expiration of your conditional residency, your Green Card will be revoked, and you may lose your legal resident status.

In this case, you will not be able to continue living and working in the United States, and the possibility of deportation could arise. This is why it is essential to file the petition on time and with the proper supporting evidence to avoid complications.

How To Remove Conditions on Permanent Residence

To remove the conditions on permanent residence, you must prove that your marriage is still valid, and the couple is living together as a married couple. USCIS expects applicants to meet all the legal requirements and provide all requested evidence in a timely manner.

The key steps involved are:

• Filing Form I-751 within 90 days of the expiration of your conditional Green Card
• Submitting supporting documentation to prove the authenticity of your marriage
• Possibly attending an interview if required by USCIS

How a Removal of Conditions Attorney Can Simplify the Process

Navigating the removal of conditions on permanent residence can be a complex and stressful process. An immigration attorney specializing in removal of conditions can help in several key ways:

1. Ensuring Accurate Filing: Immigration lawyers can ensure that all forms, including Form I-751, are filled out correctly and filed on time.

2. Gathering Necessary Evidence: Lawyers help applicants collect the necessary supporting documents to prove the legitimacy of the marriage and the ongoing nature of the relationship.

3. Navigating Complicated Cases: If there are issues or complications in your case, such as a divorce or separation, an immigration attorney can guide you through the process and help resolve any legal hurdles.

4. Representing You at the Interview: Immigration lawyers can attend the interview with you to help ensure that you respond appropriately to questions from the USCIS officer.