Understanding Your Conditional Permanent Residence Status
You dreamed of a new life in the United States. Unfortunately, there are many steps you must correctly complete to legally remain. Removing the conditions on your green card may be among them.
You are a conditional resident if your marriage was less than two years on the day you gained permanent residency. The U.S. Citizenship and Immigration Services (USCIS) gives you conditional permanent resident status after you gain admission to the United States on an immigrant visa. Then, you adjust your status to become a lawful permanent resident (LPR).
Your conditional resident status will remain until you prove your marriage was in good faith. A good-faith marriage is entered into with the intention of sharing a life and not for evading U.S. immigration laws.
A conditional green card cannot be renewed. So, you must remove the conditions on your permanent residence before it expires. By failing to do so, you will lose your permanent residence status. In addition, the USCIS will initiate removal proceedings (deportation) against you.
Immigration issues can be complicated. When you seek guidance about what removal of conditions means for your permanent resident card, an immigration lawyer can help.
Requirements for Removing the Conditions on Your Residence
Conditional residents receive a green card that is valid for two years. To remove your residency conditions, you must file Form I-751 ninety days before the card expires. You may also include your conditional resident child in your petition if they received their status simultaneously.
Form I-751, Petition to Remove Conditions on Residence, may be done through a joint filing. That is true if you are married to the same U.S. citizen or lawful permanent resident spouse after two years. It can be done without your U.S. citizen or LPR spouse or stepparent in the following circumstances:
- Your marriage was in good faith but ended through divorce or annulment.
- Your marriage was in good faith, but your U.S. citizen or LPR spouse is deceased.
- Your marriage was in good faith, but you were a victim of battery or extreme cruelty by your petitioning spouse.
- Your parent’s marriage was in good faith, but you were a victim of battery or extreme cruelty by your U.S. citizen or LPR stepparent or parent.
- The termination of your lawful status and removal would result in extreme hardship.
You may file Form I-751 while you are in the U.S. or abroad. However, you must return to the U.S. to attend an interview to determine your eligibility for Form I-751.
Consequences of Failing to Remove the Conditions on Your Conditional Residence
A failure to request a timely removal of the conditions on your residence will result in an automatic termination of your conditional residency. The USCIS will begin removal proceedings against you and send you a Notice to Appear (NTA) before an immigration court.
At the hearing, a green card lawyer in Los Angeles can analyze the situation and possibly disprove the evidence against you. If you filed Form I-751 late, you may provide a statement explaining the reasons for your action. The USCIS will review your circumstances and determine whether there was reasonable cause for the failure.
Removal of Conditions Interview
The USCIS may require you to appear for an interview at a USCIS Los Angeles office. They will notify you of your appointment and provide instructions concerning the interview location.
The Form I-751 interview is similar to your original marriage-based green card interview. The consular officer may ask questions about your relationship to confirm if the marriage is genuine. If you are divorced, they may ask questions surrounding the divorce.
If the USCIS officer is satisfied with your response, they will remove the conditions on your residence.
What If You Are in Divorce Proceedings but Not Legally Divorced?
You may have filed a waiver request while still in divorce proceedings. In such cases, the USCIS will issue a Request for Evidence (RFE) asking that you provide a copy of the final divorce decree.
If you filed a joint petition while in divorce proceedings, you must provide the USCIS with a copy of the final divorce decree. You should also include a statement that the joint filing be treated as a waiver.
Once the USCIS receives a copy of the divorce decree, you will become eligible to waive the joint filing requirement based on the divorce.
Victims of battery or extreme cruelty may request to waive the joint filing requirement without the knowledge of their sponsor. The USCIS will not alert its sponsor. However, they must provide a statement explaining the circumstances surrounding their situation.
What If the USCIS Denies Your Petition?
If the USCIS denies your Form I-751, they will notify you of their decision and the reasons for the denial. They may also initiate removal proceedings against you.
You may request that the immigration judge review the denial of your Form I-751 during removal proceedings. The Department of Homeland Security (DHS) must prove that your Form I-751 was properly denied.
If they believe your marriage is fraudulent, they may prove that the information you provided is false. If the immigration judge finds you ineligible for Form I-751, they will issue an order of removal.
You have thirty days to appeal the immigration judge’s decision by filling out Form EOIR-26 (Notice of Appeal). After properly filing Form EOIR-26, you may send the notice to the Board of Immigration Appeals. You may also send a copy of the notice to the DHS.
If the board does not receive your appeal within thirty days, the immigration judge’s decision becomes final. If you are deported, you must file a new visa application in your home country through consular processing. However, you may only be eligible to file for a visa and return to the U.S. after a few years.
Get in Touch With an Immigration Attorney
After a denial of your Form I-751 petition, you may be deported. You may be separated from your family until you successfully apply for a new green card. In addition, you may face immigration bans if you accrue unlawful presence. Therefore, completing the Form I-751 process with an immigration attorney is necessary.
At the Law Offices of Christopher Chaney, we know the application to remove conditions can be confusing. We also know that failing to remove these conditions may result in disastrous consequences for you and your family.
With our knowledge of immigration law, we can increase your chances of obtaining permanent residency. Our attorneys can help you complete and adequately file Form I-751. In addition, we can provide the necessary documents to support your application for removal.
Contact us today to increase your chances of successfully removing conditions from your green card.
