Removing Conditions on a Green Card

Are you a conditional permanent resident who received a green card for just two years? Perhaps your plans changed since you came to the United States and now you want to stay longer, or you decided to become a U.S. citizen, or you’ve been waiting for this point so you can apply to get the conditions removed.

In order for you to continue being a permanent resident, you will have to file a petition that removes the condition, and you must file this petition within 90 days of your card’s expiration date.

Can you just renew your conditional card instead? We’re afraid not; conditional cards are not subject to renewal. If the conditions are not officially removed, you will lose the status of permanent resident. You will have to leave the U.S. at this point.

Removing Conditions Based on Marriage

If your status is conditional because of marriage, it means the U.S. Citizenship and Immigration Services (USCIS) requires you to prove that you didn’t get married just to get around U.S. immigration laws. In order for you to remove these conditions, you’ll need to file a Form I-751, Petition to Remove Conditions on Residence.

If you have been married to the same U.S. citizen or permanent resident for at least two years, you should qualify to have your conditions on permanent residence removed. You may also qualify if you are a child who could not be included on your parents’ application, or if you are a widow or widower whose marriage was in good faith, but it ended in an annulment or divorce.

Removing Conditions for Entrepreneurs (Investors)

Since your status was “conditional” because of an investment, you must file Form I-829, Petition by Entrepreneur to Remove Conditions if you desire to remove the conditions on your status. In order to do this, you have to file the Form I-829 within 90 days of your second anniversary as a permanent resident.

If you do not file the Form I-829 within the above deadline, you will lose your status as a permanent resident automatically on the date your conditional status expires, which is two years from the date it is granted. If the conditions are not effectively removed, you will be removable from the U.S.

Looking for a Plano immigration lawyer? Contact our firm to schedule a case evaluation.

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