Removing Conditions on Permanent Residence
Removing Conditions on Permanent Residence – If you received your green card due to marriage to a U.S. citizen or permanent resident and if your marriage was less than two years old when you received the green card, your permanent resident status is conditional. It is considered to be conditional because you must prove that you did not enter into your marriage in order to evade the immigration laws of the United States.
Who is Eligible to Remove Conditions on Their Permanent Residence?
As taken from the USCIS website, you may apply to remove the conditions on your permanent residence if you:
- Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within ninety days as you did;
- 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.
How to Remove Conditional Status on Permanent Residence
Form I-751, Petition to Remove Conditions on Residence, must be completed and filed with the USCIS, along with all supporting documentation, in order to remove the conditions on your green card. The form must be filed within the ninety days of your conditional green card expiring. If Form I-751 is not filed in time, you risk losing your status and could face potential removal from the United States.
Removing the conditions on your permanent residence can sometimes be a complicated process. Depending on your situation, additional documentation and proof may be required. It is important to consult with an immigration lawyer for help with understanding the requirements, completing the required application, and to address any questions you might have about the process. Consider setting up a consult with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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