What Is a Conditional Green Card?
When a non-resident marries a United States citizen, they must obtain the legal right to live and work in the United States. However, USCIS is not automatically persuaded at first that the marriage is legitimate, no matter the facts of your situation. They need time to investigate further without impeding your ability to get married and live in the United States.
Accordingly, USCIS would issue a green card on a conditional basis, provided that you meet the requirements. USCIS needs to know that the marriage was not entered into solely with the intent of obtaining a green card. Thus, you may receive a conditional green card, which is akin to the provisional right to be in the United States.
Removing Conditions on Green Card
A conditional green card is valid for two years from the date of issuance. Once the two-year time period has elapsed, you would need to take steps to apply to USCIS to make the green card permanent. The process is called removal of conditions for green cards.
If you fail to take action to remove conditions on a green card, you could jeopardize your immigration status. You could even be subject to removal from the United States, notwithstanding the fact that you are married to a citizen. Not only do you have to be timely in beginning the process to remove a conditional green card, but you must also be precise and get things entirely right. This fact alone makes it essential that you hire an experienced immigration lawyer to help you file a petition to remove conditions on residence.
How to Petition to Remove Conditions on a Green Card
You have until 90 days before the two-year conditional green card elapses to begin the process of removing conditions. You and your spouse would jointly need to file the Form I-751 Petition to Remove Conditions on Residence.
The Form I-751 requests certain information about you and your family. Again, USCIS is reviewing this information to determine the legitimacy of the marriage. The form asks questions about the marriage and where you have lived in the United States since you became a permanent resident.
The crucial part of your application to remove conditions is the supporting evidence that you would include with your petition. You would need proof that you entered into the marriage in good faith to persuade USCIS to remove the conditions. You may include the following along with the actual petition:
- Joint financial records, such as bank account and credit card statements
- Evidence that you and your spouse cohabit together, including a copy of a lease or mortgage
- Proof that you are raising children together, such as birth certificates and school records
- Affidavits from people who know both you and your spouse and are familiar with the marriage
- Pictures of you and your spouse together over the years, including wedding photographs
- Copies of texts and communications between you and your spouse
The evidence that you may include with your petition depends on the facts and circumstances of your situation. You should take time to compile a logical and thoughtful package to accompany your petition, and you should not wait until the last minute to do so. An experienced removal of conditions on green cards attorney could help you compile a persuasive set of evidence that could show USCIS that you have a bona fide marriage that was entered into in good faith.
It may take a USCIS case officer some time to review your file and make a decision about your petition. The good news is that your conditional green card would automatically be extended past the deadline, so long as you have filed a petition to remove the conditions. The conditional green card would remain valid for up to 48 months after the time that you have filed the petition while you are awaiting the decision.
Can I Remove Conditions on a Green Card if I Have Gotten Divorced?
The fact that you are no longer married is not necessarily a bar to removing conditions on your green card. It is still possible to qualify for a permanent green card even if you are separated or divorced. If your divorce is final, you would again need to show USCIS that you entered into the marriage in good faith, and it was a bona fide union.
You need to include a copy of your divorce certificate and a written explanation of why your marriage ended. USCIS may have some skepticism when they see a marriage that ended within the conditional period, so you should consider hiring a removal of conditions green card lawyer to assist with your application and help you answer any questions that the case officer may have.
There is a chance that you would be able to remove conditions on a green card if you are separated and not yet divorced, although it would be far more difficult. You would need to prove extreme hardship to persuade USCIS to grant you a permanent green card. Examples of extreme hardship include:
- Family ties and impact to relatives who are living in the United States
- Loss of access to United States legal and social systems
- Economic impact on the spouse
- Health conditions and the lack of appropriate care in the original country of residence
- Dangerous conditions in the country to which the person would be repatriated
The fact that there is an impact on the spouse is not enough – the hardship would need to be extreme for USCIS to remove conditions on the green card.
Can USCIS Deny the Petition for Removal of Conditions on a Green Card?
USCIS can and does deny petitions for removal of conditions on a green card. Reasons for denial may include:
- USCIS is not persuaded that there was a bona fide marriage that was entered into in good faith
- The documentation is inconsistent, leading USCIS to question the nature of the relationship
- There are mistakes in the application, or it is missing key information
- You have a criminal record which includes crimes of moral turpitude
You are legally entitled to due process when your petition to remove conditions on a green card is denied. Your immigration law attorney can file an appeal with the Board or Immigration Appeals of the USCIS Office of Administrative Appeals. You would need to present evidence that shows that USCIS made a mistake of fact or law in denying your petition.
Why You Need a Same Sex Marriage Immigration Lawyer?
You should seek help from an experienced immigration lawyer whenever you have a legal matter that involves USCIS. This holds even more true in matters involving same sex marriage immigration. When you hire a same sex immigration attorney, they can do the following to help you:
- Explaining the legal process that may play out so you know what to expect going forward
- Helping you prove that there is a bona fide relationship between you and your spouse
- Preparing the documentation that you need to include with your green card petition
- Preparing the necessary forms to file with USCIS
- Helping you and your spouse get ready for interviews with USCIS
- Responding to Requests for Evidence from USCIS
- Ensuring that there is no discrimination in your case
- Representing you in an appeal if your green card petition is denied
As you can see, there are many valuable things that a same sex marriage green card lawyer can handle on your behalf. You can have more confidence and peace of mind when you choose to get legal help.
Contact a Las Vegas Conditional Green Card Marriage Lawyer Today
Reach out to the Hayoon Kane Law Firm, PLLC to learn more about how we can help with your petition to remove conditions on your green card. We will explain your situation in a patient way, making sure that you understand both the law and the individual process that you are facing.
Do not take any chances of trying to deal with USCIS on your own because any mistakes or difficulties could have dramatic implications on your ability to both work in the United States and remain in the country. You can schedule a free initial case review with a removal of green card conditions attorney by calling us today at (702) 463-7630. or by using our online contact form.
