If you are a conditional permanent resident, your green card valid for a period of 2 years. This conditional green card cannot be renewed; instead, a conditional permanent resident must file a petition to remove the condition before the card expires.
The conditions must be removed within the last 90 days of the end of your second year or you may lose your permanent residency and be removed from the country. The expiration date on your green card is also the date of your second anniversary.
Why & When is a Conditional Permanent Residency Granted?
* You are the spouse of a U.S. citizen or a permanent resident
* The marriage took place less than two years before you were admitted as a U.S. permanent resident.
* Conditional resident status is granted on the day you are lawfully admitted to the U.S. on an immigrant visa.
Your status is conditional until it is proven that you did not get married solely to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.
Eligibility Criteria for Permanent Residency
As a general rule, you may petition to remove your conditions on permanent residence if :
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- You are still married to the same U.S. citizen or permanent resident after the 2 year period.
- You may include your children in your application if they were granted their conditional resident status at the same time or within 90 days of you. Your child must file a separate I-751 application if their conditional resident status was received more than 90 days after yours.
- You are a child who cannot for valid reasons be included in your parents’ application;
- You entered into your marriage in good faith but your spouse passed away during the two year period;
- You entered into your marriage in good faith, but the marriage was dissolved through annulment or divorce;
- You entered into your marriage in good faith, but either you or your child were subjected to physical abuse or extreme hardship at the hands of your U.S.-citizen or permanent-resident spouse.
Exception for Hardship: You may petition to waive the joint filing requirement if you are no longer married to your spouse, or if you have been abused by your U.S.-citizen or lawful permanent resident spouse/parent. In these situations, you are not required to wait until the final 90 days of your residency to file the application. You may apply at any time after you become a conditional resident, but before you are removed from the country. It will be your responsibility to provide credible evidence that removal from the United States would cause you extreme hardship.
It is important to note that the requirements listed above are general and not comprehensive.
How To Proceed
You should refer to Form I-751 and consult an immigration attorney should you have any questions as to your eligibility or how to file your Petition to Remove Conditions on Residence. All information on how to file, where to file, filing fees and more can be found on the United States Citizenship and Immigration Services website.
If you are looking for a Sarasota or Tampa area legal firm experienced in immigration law, call the attorneys at Probinsky & Cole. We can help you to navigate the process of removing your conditions on permanent residency, as well answer any questions you may have regarding green cards, visas, asylum, DACA, or deportation.
Our attorneys speak Spanish & Portuguese, and we are here to help.
