Marriage fraud has been a major concern in the U.S. As such, spouses of U.S. citizens or permanent residents are generally issued conditional green cards initially. This is done in an effort to deter sham marriages. Please continue reading to learn how to remove the conditions on your permanent resident status and how our experienced Essex County Green Card Attorneys can assist you.
Who is Subject to Conditional Permanent Residency?
First, it’s important to understand that conditional permanent resident status is a temporary form of lawful permanent residency in the U.S. that is granted to foreign spouses of U.S. citizens or permanent residents. Conditional permanent resident status was designed to ensure that a marriage is legitimate and was entered in good faith.
If you and your spouse have been married for less than two years at the time your green card was approved, you will be issued a conditional green card that is accompanied by terms that must be adhered to. A conditional green card allows you to live and work in the U.S. just like any other green holder, but only for two years. After this period, you have to update your status.
How to Remove Conditions on Permanent Residence?
While permanent green cards are renewable and valid for ten-year periods, a conditional permanent resident cannot renew their green card. Instead, at the end of the two-year validity period, they must apply to remove the conditions of their permanent residence. A foreign national is eligible to remove conditions if they are still married to the same U.S. citizen or lawful permanent resident and USCIS determines the marriage is bona fide.
If your immigration status is not adjusted within the 90-day window before your conditional green card expires, you will lose your legal status and need to leave the country. To remove the conditions of your permanent residence, you will need to file Form I-751, “the Petition to Remove Conditions on Residence.” This is a joint petition, which means you and your spouse must complete it.
To prove that the marriage is genuine, you’ll need to provide additional evidence, such as pictures together, joint financial statements, bank accounts, affidavits from those who can attest to the authenticity of your relationship, as well as evidence of shared children. Keep in mind that there is also a filing fee of $750 that must be submitted with your application.
As you can see, this process can be quite complex. That’s why it’s in your best interest to enlist the help of a skilled attorney from The Law Offices of Christopher T. Howell, Esq. who can help you understand your rights when attempting to secure lawful permanent residency. Connect with our firm today for more information.
