If you are a conditional green card holder, your green card is valid for only two years. Do you know how to remove the conditions?
You remove the conditions of your legal permanent residence (LPR) status in order to receive the 10-year green card by filing Form I-751 - Petition to Remove Conditions on Residence. Today we will talk about when and how you should petition to have the conditions of your LPR status removed.
When should I file form I-751 to remove the conditions of my LPR status?
If you obtained your green card based on marriage to a US Citizen (USC) or LPR and you are the alien spouse, you must file form I-751 no later than the expiration date of your green card and not earlier than 90 days before the expiration date. You can use the USCIS Filing Date Calculator here When to File Form I-751 | USCIS to check when you are eligible to file your form I-751.
If you are the child of the alien spouse and you were not included in your parent’s petition, you can file your form I-751 at any time but before your green card expires.
If the USC spouse or stepparent has passed away ,or the marriage ended through divorce or annulment, or you are an alien spouse or stepchild who suffered physical or emotional harm, were battered or subjected to extreme cruelty, or the termination of your status would result in extreme cruelty, you can file your petition at any time but before your green card expires.
How do I petition to remove the conditions of my LPR status?
If you are the alien spouse or stepchild of a USC or LPR, you must include in your petition ample evidence to prove that your or your parent and the LPR or USC entered the marriage in good faith. The former is what we call a joint petition, that means that the alien spouse and the USC or LPR spouse will file the petition together. The petition removes conditions on residence and finalizes the permanent resident process. Failing to file the petition can create a deportation problem. An approval on the I-751 petition results in a 10-year green card and the ability to live and work permanently in the United States.
You should include the following documents together with your petition:
Copies of the front and back of your Permanent Resident Card
Copies of the front and back of the Permanent Resident Cards of any conditional permanent resident children you are including in your petition (if applicable)
Evidence of the relationship
Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws
Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date
An explanation for reason you are filing late (if applicable)
An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
Dispositions on criminal charges, arrests, or convictions (if applicable)
However, there are exceptions for conditional residents that request to waive the joint filing requirement. Requesting to waive the joint filing requirement may be necessary for widowers or individuals seeking divorce. Petitioners may potentially select one or more of the following reasons:
Death of the spouse
The marriage was entered in good faith but was terminated through divorce or annulment
The U.S. citizen or permanent resident spouse was abusive
Termination of status and removal from the United States would result in an extreme hardship.
How do I remove conditions of my LPR status if I am the victim of abuse or extreme cruelty?
For petitioners filing with a request to waive the joint filing requirement, there is more flexibility in the timing and the conditional resident may file early. In this case, you should include with your petition supporting evidence indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the date of your spouse's or stepparent's death.
If you are the victim of abuse or extreme cruelty, you should also include evidence of abuse including but not limited to: police reports, medical records, pictures, sworn affidavits of support from witnesses, and letters from healthcare professionals and mental health reports.
If you are the victim of abuse or extreme cruelty, the first step you should take is to schedule an appointment with one of your attorneys. Our immigration attorneys speak English, Portuguese and Spanish, and are ready to deal with your case. All information you share during your consultation is considered confidential. Your abuser will never know about what was said during our consultations or the status of your pending immigration case. In addition, it’s important to point out that your abuser will never be contacted by USCIS during your process to remove conditions. All information including your address will be kept confidential.
If you are ready to start your I-751 process, you can schedule a consultation by clicking on the Book Online button on the upper right hand side of your screen, by visiting our website https://www.skvlegal.com/book-online, by calling us at 385-334-4030 or you can find us on WhatsApp at 385-285-0054. You can also check us out on Facebook @lear.law.life and follow us on Instagram @learimmigration @learlaw_espanol @lear_law.