Conditional Green Card Removal of ConditionsForeign spouses who have married fewer than two years to an U.S. citizen or a Legal Permanent Resident (Green card holder) at the time of becoming permanent resident status is given conditional resident status (Conditional green card) for two years only. Upon the expiration of this 2 years validity period, your status as a conditional resident is automatically expired and be subject to deportation. To avoid this, you are required to file an application to remove the conditions of his/her green card before the expiration of your conditional permanent residency (CPR).
Who may file Removal of Conditions?
- You and your U.S. citizen spouse file jointly, if you are still married with the same sponsoring spouse.
- Your child from previous marriage, if your child is a conditional resident based on your marriage with the same sponsoring spouse.
- You only, if your marriage was ended through divorce or annulment, but can prove that you marriage was in “good faith” meaning you entered the marriage based on true love, not for any immigration benefits.
- You are a widow or widower of a marriage that was entered into in good faith;
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse;
- The termination of your conditional resident status would cause extreme hardship to you;
Removal of Conditions: Divorce after issuance of green cardAlthough marriages are meant to be a life time commitment, it is not uncommon that a marriage between a U.S. citizen and foreign spouse ended up in a divorce prior to a time of filing for a removal of condition application. After the divorce, many foreign spouses (conditional permanent resident – CPR) are often left to believing that they are going to lose their CPR status due to the divorce. It is not true! While the general rule for the removal of conditions application is to be filed jointly by both spouses, there is exception to this general rule.
Waiver of Joint filing requirementsThe general rule of joint filing for the removal of conditions can be waived, meaning an I-751 application can be filed solely/individually by the CPR if you can prove the following:
- you entered into the marriage in “good faith” and not for immigration benefits.
- the termination of your CPR status will result in extreme hardship.
What can we do to help you?Removal of conditions applications are complex and detailed and it is not something you should be taken lightly. With over 25 years of combined legal experiences, we have successfully helped many individuals and couples to remove the conditions on their conditional green cards. Once our immigration lawyer is retained, our legal representation includes:
- accurately preparing all the immigration forms, and
- strategically strengthening your application with strong evidence and legal argument, and
- reviewing your application in order to ensure you have the strongest case put forward.
- preparing you for your removal of conditions interview via our in-office mock interview with our Chicago immigration attorney, should the USCIS requests an interview.