Generally, a permanent resident obtains his/her green card on an unconditional basis, and the green card must be renewed every ten years. However, immigrants who obtain permanent residence based on marriage to a United States citizen or Lawful Permanent Resident spouse, and who have been married less than two years at the time they obtain their permanent residency, obtain "conditional" permanent resident status. Conditional status expires after two years, unless removal of conditions has been sought and obtained. This week's blog will explain the basic rules surrounding conditional permanent resident status and the process of removing the conditions.
HOW DO I REMOVE THE CONDITIONAL STATUS?
Removal of conditions is requested by filing Form I-751 with United States Citizenship and Immigration Service. If the immigrant is still married to the same spouse who filed the initial petition, the petition for removal of conditions is filed jointly by both spouses. Evidence should be submitted to show that the marriage was in good faith and that the spouses still live together as husband and wife. Alternatively, the immigrant may file without the joinder of the spouse if (a) If the marriage has ended in divorce or anulment; (b) the petitioning spouse has died; (c) the immigrant was battered or subjected to extreme cruelty by the petitioning spouse; or (d) termination of permanent resident status would result in extreme hardship to the immigrant.
WHEN CAN I FILE TO REMOVE THE CONDITIONS?
The Petition to Remove Conditions should be filed within 90 days prior to the expiration of the conditional green card.
WHAT IS THE RESULT OF REMOVAL OF CONDITIONS?
Approval of the Petition to Remove Conditions results in the immigrant receiving permanent resident status that is no longer conditional or based on the continuation of the marriage to the petitioning spouse. Therefore, if the couple is divorced after the conditions are removed, the immigrant remains a lawful permanent resident and may maintain such status indefinitely.
If you're considering a green card based on marriage to a U.S. citizen or permanent resident, or removal of the conditions of your green card, you don't have to go through the process alone. Individuals need expert legal assistance to navigate the complicated immigration system. Christiansen Law Firm partners with individuals to secure favorable outcomes in removal of condition cases. The immigration law attorneys at Christiansen Law Firm have extensive experience in immigration matters, and can help with your removal of conditions. Contact the offices of Christiansen Law Firm in Houston or San Antonio for additional help.