How to Remove Conditions on Green Card Guide
Some green cards are issued as conditional green cards, and their holders must petition to remove the conditions on green cards of this type. Conditional green cards are issued for two years. When someone holds a conditional green card, they are a conditional permanent resident. U.S. Citizenship and Immigration Services (USCIS) will not remove conditions on an immigrant’s green card until they have met certain obligations.
If you are a conditional permanent resident, you should petition to remove conditions as soon as you are eligible to do so. Your immigration attorney will suggest that you file the petition to remove conditions on your green card 90 days before your current conditional green card is set to expire.
It’s important to choose an experienced immigration attorney who knows exactly how to remove conditions on green cards. You didn’t come this far in your immigration journey to throw it all away because of an error on your petition.
The immigration guide How to Remove Conditions on Green Card from Jorge Munoz Law Firm explains the following:
- Which green card holders are conditional permanent residents?
- What conditions must be met for USCIS to issue a lawful permanent resident (LPR) status?
- What happens to immigrants who don’t get conditions removed from their green card?
- What happens if your conditional green card expires while your petition is processing?
- Contacting a lawyer who knows how to remove conditions on green cards.
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How to Remove Conditions on Green Card
Which Green Card Holders Are Conditional Permanent Residents?
Conditional green cards are issued to people who immigrated using a marriage-based immigrant visa or an EB-5 investor immigrant visa. So, if you had been married for less than two years when you are first granted a marriage-based green card, you are a conditional permanent resident. You need to know how to remove conditions on the green card. Likewise, when you are first granted an EB-5 investor visa, you are a conditional permanent resident, and you also need to know how to remove conditions on the green card.
What Conditions Must Be Met for USCIS to Issue LPR Status?
How to Remove Conditions on Green Card as an Immigrant Spouse
For a marriage-based green card, the following conditions must be met:
- You are expected to stay married to your spouse who petitioned for your immigrant visa for the duration of your conditional permanent residency.
- You are expected to continue to show that you are in a bona fide marriage and that you didn’t just get married to get a green card.
If your bona fide marriage has fallen apart and you want to stay in the country, please call our office as soon as possible. We may be able to ask the federal government to remove conditions on your green card anyway, because your marriage was sincere.
Your immigration attorney will file USCIS Form I-751, Petition to Remove Conditions on Residence if you got your green card through marriage.
How to Remove Conditions on Green Card as an Immigrant Investor
For an investor’s green card, the following conditions must be met:
- You are expected to invest the appropriate capital into the U.S. businesses while you have your conditional green card.
- You are expected to create the required number of U.S. jobs while you have your conditional green card.
Your immigration attorney will file USCIS Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status if you got your green card through an investor visa.
What Happens to Immigrants Who Don’t Get Conditions Removed from Their Green Card?
USCIS’s timeline page explains the exact details of when you must file your petitions based on the type of petition and your situation.
It’s important to understand that if your green card is a marriage-based green card, even as a derivative beneficiary, you must petition to remove conditions in a timely manner. While not absolute, you could lose your status and get deported if the conditions are not removed.
USCIS is even more firm with investor green cards. If you don’t petition on time as an immigrant investor, you will automatically lose your status two years after your status was granted. When this happens, you will be automatically removable from the United States.
What Happens if Your Conditional Green Card Expires While Your Petition is Processing?
USCIS officials know that it can take as long as a year for them to process your petition to remove conditions on your green card. As soon as your immigration attorney files your petition, USCIS will send you a receipt. This receipt extends your conditional residence up to 18 months while you wait. Do not lose that receipt.
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How to Remove Conditions on Green Card as an Immigrant Investor
For an investor’s green card, the following conditions must be met:
- You are expected to invest the appropriate capital into the U.S. businesses while you have your conditional green card.
- You are expected to create the required number of U.S. jobs while you have your conditional green card.
Your immigration attorney will file USCIS Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status if you got your green card through an investor visa.
What Happens to Immigrants Who Don’t Get Conditions Removed from Their Green Card?
USCIS’s timeline page explains the exact details of when you must file your petitions based on the type of petition and your situation.
It’s important to understand that if your green card is a marriage-based green card, even as a derivative beneficiary, you must petition to remove conditions in a timely manner. While not absolute, you could lose your status and get deported if the conditions are not removed.
USCIS is even more firm with investor green cards. If you don’t petition on time as an immigrant investor, you will automatically lose your status two years after your status was granted. When this happens, you will be automatically removable from the United States.
What Happens if Your Conditional Green Card Expires While Your Petition is Processing?
USCIS officials know that it can take as long as a year for them to process your petition to remove conditions on your green card. As soon as your immigration attorney files your petition, USCIS will send you a receipt. This receipt extends your conditional residence up to 18 months while you wait. Do not lose that receipt.
Contact a Lawyer Who Knows How to Remove Conditions on Green Cards
Please remember, USCIS can refuse to remove the conditions on your green card if you have failed to meet the conditions on your green card, including properly filing on time. You can’t renew a conditional green card. You must petition for the removal of conditions. If your 90-day window to petition is approaching, the experienced immigration legal team at our office can help. Contact us today.
