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How To Remove Conditions From Green Card
How Long Does It Take To Remove Conditions On Green Card
Lawful permanent residents (LPRs) reside in the United States as conditional permanent residents. That means as an LPR you have received a green card that is only valid for 2 years. To extend your stay in the U.S. beyond the 2 years, you have to file a petition within the 90-day period before your green card expires.
Note that once your green card expires you have to leave the United States or you will be deported. So, before the 90 days expire, talk to an experienced immigration lawyer to help you meet the deadlines and ensure that all your supporting documentation is in order.
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Are You Eligible To Remove Conditions On Green Card?
Petition To Remove Conditions Of Permanent Resident
LPRs are often people who immigrate to the United States as a spouse of a U.S. citizen or another LPR. Spouses are expected by the U.S. Citizenship and Immigration Services (USCIS) to file Form I-751 together. This is the petition to remove conditions on residence.
The following are the USCIS eligibility requirements:
- After the 2 years, you must still be married to the same U.S. citizen or LPR
- You must be a widow or widower that entered into your marriage honestly
- You divorced your spouse or your marriage was annulled. They must have entered the marriage in good faith
- You or your child faced violence or hardship from your spouse in a marriage that you entered into legally and in good faith
- Children who received their conditional resident status at the same time as their parents can be included in the parent’s application within 90 days.
What If You Failed To Meet The 90-Day Window to Apply For Removing Conditions?
Green Card Removal Of Conditions Timeline
You should file Form I-751 even if you are late because it makes it more likely that the USCIS will decide your fate rather than an immigration judge. It is possible to file late if you are not yet facing a deportation order. This can mean that you don’t have to fear unemployment or restricted traveling.
If you are taken before a sympathetic judge, the judge may postpone deportation hearings to give you time to file Form I-751. Failing to remove conditions results in being placed in deportation proceedings. People found to be unlawfully present within the United States will not only be deported but may also be banned from entering the United States for 3 to ten years.
Can You Be Denied Removing Of Conditions?
Conditional Residency Removal
Your application may be denied for failing to apply for the removal of conditions on time. Some people get denied because they failed to provide enough documentation that shows that they and their spouses have built a life together. The USCIS may also deny your application if they suspect that your marriage is fraudulent.
This is why you need to file on time after consulting an experienced immigration lawyer. Your immigration lawyer can help you gather strong evidence that shows that you and your spouse have built a life together. The lawyer can also respond to any requests for evidence on your behalf.