Removal of Conditions
Your marriage-based green card may be “conditional” if, at the time you file your initial marriage-based application, you have been married less than two years. The experienced immigration attorneys at Poarch Thompson Law can help with every part of removal of conditions.
Why are some marriage-based green cards conditional?
Conditional green cards based on marriage resulted from marriage fraud amendments to immigration law in the 1990s. Conditional green cards are USCIS’ way of re-examining your marriage to ensure it has been entered into in good faith.
Can I renew a conditional green card?
You cannot renew a conditional green card at all. You must remove the conditions before its expiration date, but not more than 90 days before the expiration date.
How to remove conditions from conditional permanent residency?
In order to remove conditions from your green card, you and your spouse must file a joint petition. You may file 90 days before the two-year anniversary of the green card expiration.
Submitting the application to remove conditions on your green card is not sufficient. You must also include documents that prove you are still living together as a married couple including financial documentation, children’s birth certificates, and other documents to demonstrate a bona fide marriage.
USCIS can, but usually does not, ask to interview you and your spouse after you submit your application. If they do, they will send you a notice with the date and location of the interview. After the interview, you will be informed whether USCIS removes your conditions or not.
What happens if you don’t remove the conditions?
If you fail to remove the conditions, your green card will expire. You may become vulnerable to removal proceedings. As a practical matter, you will no longer have evidence of your lawful status which will affect things like your state driver’s license and perhaps, lawful employment.
What if we get a divorce?
You may waive the joint filing requirement if you can demonstrate that you were in a bona fide marriage that has ended, there is abuse, or death. This waiver is not simple, and requires significant documentation. In this situation, you likely need the advice of competent immigration counsel. At Poarch Thompson Law, we have a lot of experience with these particular cases. Call us today!
What to do if you are in divorce proceedings but have not yet divorced?
If you are in the process of separation and divorce, you must submit your divorce decree with your application for removal of conditions. Either way, a competent immigration attorney can assist you by working with your divorce attorney and you to give you the best opportunity to demonstrate that the marriage was valid at the time you entered into it.
What if I was abused or battered by my spouse?
The United States government has built-in exceptions for those who are being abused or who were forced into a marriage so that you can still get the conditions removed from your green card and leave the influence of your abusive spouse. These cases are often scrutinized by USCIS carefully. You need an immigration attorney to help you gather proof sufficient to meet your burden of demonstrating abuse.
Do I have to wait for removal of conditions to naturalize?
No. You may file for removal of conditions, and if processing times are lengthy, still apply timely for naturalization. USCIS will adjudicate your removal of conditions application while it processes your naturalization application. Removal of conditions must be approved before your naturalization filing is fully and finally adjudicated.
How can Poarch Thompson Law help?
Removal of conditions from your green card is among the most time-sensitive and critical immigration processes. It’s wise to have the guidance of an immigration attorney in order to ensure that you can continue to live and work in the United States. The experienced immigration attorneys at Poarch Thompson Law will help you avoid common mistakes, no matter what circumstances you face.
