The Ultimate Guide to Removing Conditions on Your Green Card (Form I-751)
What is the process to remove the conditions of a green card?
When you receive a green card based on marriage, it comes with conditions that require you to prove the legitimacy of your marriage after two years. If you are unable to do so, your green card may be taken away. However, if you meet the requirements, you may apply to have the conditions removed from your green card by following these steps:
1. Form I-751: You must file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS) within 90 days before the second anniversary of receiving your green card.
2. Evidence: Along with the Form I-751, you must provide evidence that proves the legitimacy of your marriage, such as joint bank accounts, lease agreements, or other documents that show you and your spouse are living together in a bona fide marital relationship.
3. Biometrics: USCIS may ask you to provide biometric information, such as fingerprints or a photograph, to verify your identity and check for any criminal history.
4. Interview: If USCIS requires additional evidence or has concerns about your application, you may be invited to an interview with an immigration officer.
5. Approval: Once USCIS approves your application, your conditions will be removed, and you will receive a new green card that is valid for ten years.
It is important to note that if you fail to file Form I-751 or do not provide sufficient evidence, your green card may be terminated, and you may be placed in removal proceedings. Additionally, if you are divorced or separated from your spouse, you may still be eligible to have the conditions removed if you can provide evidence of a good faith marriage that was entered into in good faith, but ended in divorce or separation.
In some cases, you may also be able to file for a waiver of the joint filing requirement, which allows you to apply to remove the conditions on your own without the cooperation of your spouse. This may be possible if you can demonstrate that your marriage was entered into in good faith, but your spouse has died, you have been battered or subjected to extreme cruelty by your spouse, or you would suffer extreme hardship if you were required to leave the United States.
Overall, the process of removing conditions on your green card can be complex, but with the right preparation and guidance, it is possible to successfully navigate the process and maintain your lawful permanent resident status in the United States.
How to remove the conditions on my green card.
The Form I-751 is used by conditional permanent residents who obtained their status through marriage and want to apply to remove the conditions on their permanent resident status. Here are the steps to follow to remove the conditions on your green card:
1. Determine when to file the petition: You can petition to remove conditions on your green card within 90 days before the expiration date of the card. If you wait too long, your green card could expire before the petition is approved, and you will need to start the process all over again.
2. Gather the required documents: You will need to fill out Form I-751, Petition to Remove Conditions on Residence, and provide supporting documents such as evidence of your marriage or investment. The USCIS website has a full list of required documents.
3. File the petition with USCIS: Once you have completed the form and gathered all the required documents, submit the petition to USCIS, along with the filing fee. You can do this online or by mail, depending on your preference.
4. Complete your biometrics appointment: USCIS will send you a notice to schedule a biometrics appointment where they will take your fingerprints and photo for the purpose of verifying your identity.
5. Attend an interview: USCIS may require you to attend an interview to verify the authenticity of your marriage or investment. If this is the case, USCIS will notify you of the date, time, and location of the interview.
6. Receive your new green card: Once your petition is approved, USCIS will remove the conditions on your green card, and you will receive a new card that is valid for ten years. This card will no longer have any conditions, and you will be considered a permanent resident of the United States.
It is crucial to understand the timeline for removing conditions on your green card and to ensure that you file within the designated timeframe. If you do not take action to remove the conditions, your green card could be terminated, and you may face deportation proceedings. By following the steps outlined above and providing sufficient evidence, you can successfully remove the conditions on your green card and continue your path to citizenship in the United States.
1. The removal of conditions process is applicable to conditional permanent residents who obtained their green cards through marriage or investment.
2. Conditional permanent residents are individuals who have been granted green cards for a limited period of two years.
3. The removal of conditions process is carried out to determine whether the marriage or investment was genuine and not a means to obtain a green card fraudulently.
4. The process involves filing Form I-751, Petition to Remove Conditions on Residence, with the United States Citizenship and Immigration Services (USCIS).
5. The petition must be filed within 90 days prior to the expiration of the green card.
6. If the USCIS approves the petition, the conditional permanent resident will receive a new green card that is valid for 10 years.
7. However, if the petition is denied, the conditional permanent resident may be placed in deportation proceedings via a notice of action or notice to appear in Immigration Court.
IT IS CRITICAL THAT YOU RETAIN THE RIGHT ATTORNEY WITH EXPERIENCE IN HANDLING THESE CASES WITH USCIS IN ORDER TO AVOID ANY PROBLEMS WITH IMMIGRATION. MUNDY LAW HAS 30 YEARS OF EXPERIENCE HANDLING THESE TYPES OF CASES AND TURNING CONDITIONAL RESIDENTS INTO PERMANENT RESIDENTS AND U.S. CITIZENS.
In conclusion, understanding the removal of conditions process for green card holders is crucial to ensure that you maintain your status as a permanent resident in the United States. By following the necessary steps and providing sufficient evidence, you can successfully remove the conditions on your green card and continue on your path towards citizenship. If you have any questions or concerns about the process, it is recommended that you seek the advice of an experienced immigration attorney who can guide you through the process and ensure that your application is complete and accurate. Remember, taking action to remove the conditions on your green card is your responsibility, and failure to do so can have serious consequences.