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Removing conditions from your green card

On Behalf of | Apr 19, 2024 | Firm News

When you have a conditional green card, you can live and work in the United States for two years. You will then need to update your status and obtain a 10-year green card.

Part of obtaining a 10-year green card involves having the conditions removed from your green card. Removing the conditions on your two-year green card requires filing a petition.

Petition I-751

The specific petition you must file is petition I-751. This petition must be filed within 90 days of when your two-year green card expires.

If your two-year green card is the result of a marriage, you must prove that your marriage is legitimate. You must do this to receive the initial two-year green card and to convert it to a 10-year renewable green card.

Evidence for proving a legitimate marriage

There are various forms of evidence that you can use to prove that your marriage is still valid. You can include new photos of you and your spouse together, pictures of your children if you have them or financial documentation showing current joint accounts or property.

While an interview was previously required as part of the removal condition process, it is no longer mandatory unless the reviewing officer does not feel the evidence you submitted to prove your marriage was strong enough. You should prepare for an interview just in case it is not waived.

The importance of the 90-day window

You must make sure the timing is correct for filing the petition to remove your conditions. While you must not file it too late, you also must not file too early or it will be returned to you and you will be told to wait until the 90-day window begins.

There are some circumstances where a late petition is accepted. You must generally show some extenuating circumstances that resulted in the late petition. However, your reason for the late petition will be carefully scrutinized. It is better to pay close attention to the date and be sure you are filing your petition on time.

Reasons for denial

Removal of conditions is usually successful if you file your petition in time and provide enough evidence that your marriage is valid. Denials commonly occur only if the petition is late or the reviewing officer believes your marriage is fraudulent.

It is important to start this process as soon as you can and carefully complete all steps. A simple mistake could lead to the denial of your 10-year green card.

The consequences of a denial

Conditional green cards cannot be renewed, unlike a 10-year green card. Therefore, if your 10-year green card is not approved and your two-year green card expires, you will lose your permanent resident status and face deportation.

Navigating the immigration process can be complex and confusing. Having help and guidance helps you avoid common immigration pitfalls, especially when it comes to mistakes that could lead to deportation.