Conditional Permanent Residence – Removal of a Green Card Condition

You will receive a conditional green card when you apply for a green card based on marriage, and you are married with your spouse for two years or less. You will also receive a conditional green card if you applied and received a green card based on an investor/entrepreneur application process. Conditional green cards are valid for two years. It is recommended that you start the process of removing the condition within 90 days before it expires. If the condition is not removed, you will lose your status and be put in removal proceedings.

Conditional Green Card Based on Marriage.

You will receive a conditional green card if you have been married less than two years when your green card is approved. Conditional green cards are only valid for two years. That means you will enjoy the same benefits as a permanent resident for two years. You can work and travel during the duration of your status. Before the expiration within 90 days, as recommended, you will need to submit a petition to have the condition removed. If you file for removal of a condition after the expiration date, you will need to submit a statement explaining to USCIS the reason for the late filing. It is USCIS discretion to accept a late filing. The process of removing the condition of the green card involves the applicant (the person receiving the green card) submitting evidence to prove you and your spouse entered into a good faith marriage, and it was not to obtain immigration benefits.

Over the years, due to immigration fraud, this process has become more complex. USCIS officers are conducting a more thorough review of these applications. For this reason, is that a condition is placed on the green card. The two years is a time that the couple is allowed to gather evidence to sustain that they have a real marriage. If your condition is removed, you will be able to have a permanent green card, and after being married for three (3) years, you may qualify for citizenship.

You can apply to remove the condition of your green card if:

• You are still married to the same U.S. citizen or permanent resident after two (2) years. If you included children on the initial application, they would have to apply for removal of the condition at the same time, if they received a conditional green card.
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• 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 permanent-resident spouse.[1]

Frequently Asked Questions.

When should I file to have the condition removed?

It is recommended that you start the process 90 days before the expiration dates. They are circumstances in which you can file before. For example, if you have divorced or separated your spouse or you are applying based on being a battered spouse or if your spouse died.

My conditional green card is expired. I did not file on time. What will happen?

If you did not file on time, you lose your temporary status, and you are subject to removal. You can file late and explain as to why your application was not filed on time. USCIS considers extraordinary circumstances beyond your control. If it is determined that it was not a fault of your own, USCIS will accept the late filing. It is discretionary. You should contact us to evaluate your case and go over your options.

What type of evidence is required to submit for the removal of a condition?

You are required to submit proof that you entered in a good faith marriage. There is not an exclusive list. In essence, anything that proves you have a real marriage with your spouse will be fair game to submit.  This is not an exclusive list. However, people generally submits:

• Marriage certificate
• Birth Certificate of children born out of the marriage
• Financial records that show you have joint ownership of property such as Joint bank accounts, savings, checking, certificate of deposit with an account of all the transactions that have been done during the time of your marriage.
• Financial records showing that you have financial liabilities together such taxes, insurance policy, credit cards, Federal and State tax returns, joint utility bills, and any other documents that prooves you have or had a relationship.
• Letters from employers showing emergency contact.
• Photos from the different occasions of the couple sharing life together, such as birthdays, Father’s Day and Mother’s Day, Christmas, and other important events.
• Letter affidavits, signed and notarized by friends and family that can attest to personal knowledge to your relationship.

Do I need an attorney to file for the removal of the condition?

Immigration processes have become more complex. Providing incomplete or wrong information can substantially prejudice your case. In some cases, it can put you in removal proceedings. We do not recommend self-filing or hiring someone inexperienced. You must contact an experienced attorney that has done this type of process. We have experience in these types of cases. Contact us to schedule a consultation and discuss your case.

I am not longer together with my spouse. Can I apply early to remove the condition? If circumstances in your marriage have changed, and you are not longer with your spouse, you can apply to waive the joint application requirement under the following circumstances:

• Your spouse is deceased; or
• You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; or
• You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
• Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s spouse or by your conditional resident parent; or
• The termination of your status and removal would result in extreme hardship.

What should I do if I am still married, but legally separated and/or in pending divorce or annulment proceedings?

If you filed a waiver request, USCIS will send you a request for evidence (RFE)  asking for a copy of the final divorce decree or annulment.

If you filed a joint petition, USCIS will send you a request for evidence (RFE) asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Once USCIS receives the final divorce decree or annulment within the specified time period, USCIS will amend the petition to reflect that you are requesting a waiver based on the termination of the marriage. Usually, the applicant has 87 days to provide this evidence.

What happens to my children if they have a conditional status?

If your children have a conditional green card based on your application, you can include their names on your application. Make sure you include all the appropriate fees. Give us a call and schedule a consultation to review your case if you have questions.

How long does this process take?

It takes between 12-18 months, depending on the immigration workload and the service center that is handling your application. Once you submit the application, you will get a receipt. This receipt is very important because it serves as your green card for the next 18 months or later if your case has not been resolved. With that receipt, you can travel and renew any driver’s license. Subsequently, you will be asked to get fingerprinted.

I want to go to visit my family in my home country. Can I travel while the application is pending?

Yes, you can travel. The receipt that you received when you filed the application gives you an additional 18 months. That’s why it is important that you do not lose it and keep it in a safe place.

I filed my petition and received a letter requesting more evidence. What should I do?

Likely, you did not submit sufficient evidence to convince USCIS that you have a bona fide marriage. Often time people self file or have an inexperienced individual file for them, and they tend not to include evidence that you did not think about. Many requests of evidence is because of the lack of support initially submitted. Likely, USCIS is not convinced that you entered into a bona fide marriage. You should contact our office for an evaluation of your case. We do not recommend that you attempt to answer the letter on your own as this can jeopardize your case and put you in removal proceedings.

I received a notice asking me to go to an interview. Do I have to go to an interview?

Yes, you have to go to your interview. In many cases, USCIS will schedule an interview with you and your spouse if you filed jointly or with you alone if you applied for a waiver. The interview is another opportunity to prove to USCIS that you entered into a bonafide marriage. You will be asked personal questions and be evaluated to determine if you are eligible for the removal of the condition.

I was in an abusive relationship. I would like to apply for a battered spouse waiver, but I am afraid that my spouse will find out.

The process is confidential. USCIS will not contact the abuser or send any correspondence. You can provide a safe address where you will receive all your correspondence. You can choose to mail all your correspondence to your attorney. Everything about your case with your attorney is protected by the attorney-client privilege.

Do I need an attorney for my interview?

You are not required to bring an attorney to the interview. However, it is recommended that you attend with an attorney to ensure that your constitutional rights are not being infringed.

I went to the interview, and now I received a letter stating that USCIS intent to deny my case. What should I do?

More than likely, USCIS is not convinced that you entered into a bona fide marriage. You should contact our office for an evaluation of your case. We do not recommend that you attempt to answer the letter on your own as this can jeopardize your case and put you in removal proceedings.

How much is the legal cost to file and prepare this form?

Because every case is different, the legal cost varies on the complexity of the case and whether the applicant is filing jointly or separately. You should contact our office for an evaluation of your case.

I still have more questions. Can I call you?

Certainly, you can contact us for an evaluation of your case.

[1] https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/remove-conditions-on-permanent-residence-based-on-marriage

Photo by Luigi Pozzoli on Unsplash