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Conditional permanent residents receive a green card good for only 2 years. If you have a green card based on a marriage that was less than two years old when you got it, your green card is conditional. The conditional green card is similar to a probationary period. During this time, a couple will build a record of marriage and at the end of the 2 years, they will file jointly to have those conditions removed.
The conditional green card is not renewable. The conditions must be removed or the green card will be terminated, as will all the rights associated with it, including the right to live and work in the U.S.
Related form: I-751
WHO IS ELIGIBLE?
You may be eligible to remove the residence conditions on your 2-year marriage-based green card if:
- After 2 years, you are still married to the same U.S. citizen or permanent resident who petitioned for you.
- As a child, you have a legitimate reason for not being able to be included in your parents’ application
- You are a widow(er) who entered into your marriage in good faith
- You or your child endured battery or exceptional cruelty at the hands of your U.S. citizen or permanent resident spouse after you entered into the marriage in good faith
How to Apply to Remove the Conditions
You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
If You Are No Longer Married To Your Spouse
You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.
In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed !! from the country. You must provide evidence that removal from the United States would cause you extreme hardship.
How long does it take to process the I-751?
After filing the I-751 petition to remove conditions on your green card, the processing time takes about 6-12 months
How much does Form I-751 cost?
The filing fee for Form I-751 is $595. A biometric services fee of $85 is also required.
When can I remove the conditions on my green card?
You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident.
Can I travel after filing I-751?
Yes. You are still a lawful permanent resident even after your green card is expired and while your I-751 is pending. However, there are limitations on the travel rights of conditional as well as permanent residents.
Contact Attorney Igor Litvak
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