Getting a green card is an exciting milestone, but if you have been married for less than two years, your status will likely come with conditions. The government is looking for “fake marriages” so they check up on green card holders who received status through marriage. This means you’ll need to take an extra step: filing to remove the conditions before the green card expires by proving your marriage is genuine.
The immigration process isn’t always simple, but with the right preparation, removing conditions can be straightforward. Let’s review how conditional green cards work and what you need to know to remove the conditions successfully.
A conditional green card provides the same rights as a standard green card, but it is valid for only two years, not ten. Also, failure to renew the card is grounds for losing status. Failure to renew a 10-year green card does not risk status.
A conditional green card means:
Keeping track of your expiration date and filing deadlines is essential for maintaining your legal status.
To remove the conditions on your green card, you must file Form I-751, Petition to Remove Conditions on Residence. This form must be submitted during the 90-day period before your conditional green card expires. Timing is critical, filing too early or too late can result in denial.
There are two main paths to removing conditions:
Once you file the I-751, USCIS will send you a receipt that extends your conditional green card for a number of months while your case is processed.
While your I-751 is processing, you may be asked to attend a biometrics appointment or an interview. If the petition is approved, you will be issued a 10-year permanent resident card, and your conditional status will be removed.
If you meet the requirements, you can apply for citizenship while your I-751 petition is still being processed. An approved I-751 is not required to file for naturalization.
Because I-751 processing often takes several years, many marriage-based green card holders become eligible for citizenship before their petition is decided. Most marriage-based green card holders qualify for naturalization after three years of permanent residency if they are still married to and living with their U.S. citizen spouse. This timeline means that eligibility for citizenship often comes up while the I-751 is still pending.
While the process of removing conditions may seem simple, many people face challenges, especially if they are applying with a waiver or have limited documentation. An experienced immigration lawyer for conditional green cards can help you:
At Cambridge Immigration Law, we have helped many clients successfully remove conditions from their green cards and secure their long-term permanent resident status.
If your conditional green card is expiring soon, don’t wait. Contact us today to schedule a consultation. We’ll help you build a strong case and make the process less stressful.