An immigrant who marries a U.S. citizen is entitled to a 2-year conditional green card. To remove the conditions on that green card, you and your spouse must jointly file Form I-751 within the 90-day period before your 2-year conditional green card expires. Your petition requires additional, updated evidence, submitted on time in accordance with United States Citizenship and Immigration Services (USCIS) guidelines.
The process can be difficult to understand, especially in a climate where minor errors or omissions can lead to a case being delayed, denied, or worse. The guidance of experienced New Hampshire immigration lawyers is invaluable and can protect you from making a mistake that could jeopardize your permanent residence status.
Am I eligible to remove the conditions from my green card?
You are a conditional resident if your green card is based on a marriage that occurred less than two years from the date your adjustment of status application was granted. “Conditional” means that you have been granted lawful permanent residence as a spouse on the condition that your marriage is valid (and not a union made solely for immigration purposes). Before your conditional green card expires, you and your spouse must jointly file Form I-751 with the USCIS to obtain your 10-year green card and remove the conditions from your residency.
You are eligible to remove the conditions on your green card if you:
- Are still married to the same U.S. citizen or lawful permanent resident (LPR) who originally petitioned for you
- Entered your marriage in good faith, but are now widowed
- Entered the marriage in good faith, but the marriage has already ended in divorce or has been annulled
- Entered the marriage in good faith, but you and/or your minor child were abused by your spouse
The process of removing green card conditions
If you are eligible to remove conditions from your green card, the first step is the joint filing of Form I-751 with your spouse. It’s best to file as early as possible in the 90 days prior to the conditional green card’s expiration. This gives you more time to work through the process and can allow adequate time to correct errors that could cause you to lose your status and be subject to removal.
When you submit Form I-751, you must also submit updated, recent evidence of a valid marriage, such as joint financial documents, a joint lease, photos and videos of you as a couple, witness statements, or other forms of evidence that show that you and your spouse are living as a married couple.
Bear in mind that if the I-751 is pending for a year or more and you continue to live with your petitioning spouse, you may also file the N-400 Application for Naturalization.
What are my options for removing my green card conditions if I’m no longer married?
If you are no longer married, whether through annulment, the death of your spouse, or a separation due to your spouse’s abusive behavior, you may file a petition to waive the joint filing of Form I-751.
You can file the waiver at any time after receiving your conditional green card, but you must do so before you are removed from the country. In your petition, you must show evidence that your removal from the country would cause you or an immediate qualifying relative undue hardship.
Steps for getting a waiver of the requirement to file a joint petition
If you cannot jointly apply with your spouse for the removal of your green card conditions, you must demonstrate the following:
- You would suffer undue hardship if you were deported
- You entered into the marriage in good faith, but the marriage ended in divorce or annulment through no fault of your own
- You were married in good faith, but your spouse abused or battered you and/or your child, and therefore, you are not at fault for failing to file the joint petition
You can also file the waiver if your divorce is pending but not finalized. USCIS may then issue a request for evidence (RFE) seeking a copy of the final divorce decree or annulment certificate. While the I-751 petition is pending, you should also include a statement that you would like your joint I-751 filing (if you have started the process) treated as a waiver instead. Once USCIS has the appropriate documents, it should amend your petition to indicate that your eligibility for removal of conditions is established through one of the waiver exceptions to the joint filing requirement.
These steps can be complicated, and USCIS requirements continue to become more and more strict. If you are missing a required document or deadline, you may be subject to removal. To ensure your status is not in jeopardy, talk to an experienced immigration lawyer about filing your joint petition or your waiver.
Legal help for removing conditions on your green card
When you’re ready to take the next step to become an unconditional lawful permanent resident of the United States, call Shaheen & Gordon. We stay updated on changes in immigration laws that could affect your petition and status, so we can provide timely, accurate advice and support with your green card. Call our firm today at (800) 451-1002 or contact us online for a consultation about your immigration matter.
