Obtaining a Green Card is a huge milestone for immigrants to the United States. A Green Card will provide a person with the ability to live and work in the U.S. permanently. However, for some immigrants, the journey does not end after a Green Card is issued. If a person receives a conditional Green Card, they will need to take action to obtain a permanent Green Card before the date that their conditional permanent residence expires. By understanding the procedures that will need to be followed to remove the conditions from a Green Card, immigrants can avoid potential issues and ensure that they will be able to continue living in the United States.
Conditional Green Card Requirements
An immigrant who is married to a U.S. citizen may have received a conditional Green Card if their marriage was less than two years old when they received authorization to enter the United States. Immigrants who come to the U.S. on a fiancé visa and spouses of U.S. citizens who receive a CR-1 visa will receive conditional Green Cards. Investors who received EB-5 visas will also be issued conditional Green Cards. A conditional Green Card will generally be valid for two years, and a person will need to apply to remove the conditions prior to the date that their Green Card expires.
The Process of Removing Conditions on a Green Card
Immigrants who received conditional Green Cards through family-based immigration will need to file Form I-751, Petition to Remove Conditions on Residence, with United States Citizenship and Immigration Services (USCIS). A married couple may file Form I-751 jointly, and the application will usually be approved if they can demonstrate that they are still married. If a couple's marriage has ended, an immigrant may file Form I-751 on their own, although they will typically need to provide evidence showing that they got married in good faith and detailing the reasons they are no longer married. Evidence may include a copy of a divorce decree, death certificate, or police reports detailing instances of domestic violence or abuse.
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