If so, it is time for you to remove the conditions on it.
A green card, also known as a Permanent Resident Card, is a document that allows you to permanently live and work in the U.S. legally. When you were first issued your green card as a conditional resident, you should have been notified of its expiration date. It is extremely important to be aware that as a conditional resident, your green card is only valid for two years and will only remain valid once you have the conditions removed.
Therefore, if you received your green card through marriage and you are coming up on your two years, you must remove the conditions on your permanent resident card during the 90 days before the card expires if you want to become a permanent resident. In order to remove the conditions, you will need to file Form I-751, Petition to Remove Conditions on Residence with U.S. Citizenship and Immigration Services (USCIS). If you are still married, USCIS requires you to file Form I-751 jointly with your spouse, however, you are not required to file jointly if any of the following exist:
- While you did enter your marriage in good faith, your spouse passed away.
- After you entered your marriage in good faith, it was later terminated through divorce or annulment.
- You entered the marriage in good faith, but your spouse has subjected you to extreme cruelty or you have been battered.
- Your parent is a conditional resident who entered into their marriage in good faith, but you have been subjected to extreme cruelty by them or your parent’s U.S. citizen or lawful permanent resident spouse.
- Having your status terminated or being removed from the United States would result in extreme hardship.
Important: In the event you have dependent children who also acquired conditional resident status on the same day as you did or within 90 days thereafter, you are going to want to include their names along with their Alien Registration Numbers (A-Numbers) in Part 5. of Form I-751 so that you can also request that their conditions be removed as well.
What if I fail to get the conditions removed?
If you fail to file your petition to get your conditions removed, USCIS says that you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. This then makes you removable from the United States. A conditional permanent resident should never wait until it is too late to file their petition to get their conditions removed, however, life does happen and sometimes things interfere with our abilities to get things done. So, if you are late with filing your petition or have other concerns regarding your conditional status, we do recommend that you contact one of our Atlanta, GA immigration lawyers right away so that we can help you.
What Happens Once USCIS Receives My Petition to Get the Conditions Removed from my Green Card?
Once USCIS receives and approves your application given you supplied the agency with all of the information it needed, you may be contacted for an interview. Now, it is always a good idea to meet with an Atlanta, GA immigration lawyer before attending the interview to ensure you are prepped and prepared for it. This is something the lawyers at Kuck | Baxter Immigration Partners LLC are qualified to help you with.
Tip: If you have been contacted by USCIS and were given an interview date, contact our office now to schedule a time to come in and meet with an attorney who can review with you some of the questions you can expect to be asked during your interview.
Once you pass your interview and the conditions are removed from your green card, you will be issued a permanent resident card that will need to be renewed at a later date (most green cards are valid for 10 years after issuance). It is important to recognize that a conditional permanent resident card cannot be renewed which is why the conditions must be removed.
Now, if extenuating circumstances prevented you from filing your petition with USCIS to get your conditions removed, the Atlanta immigration lawyers at Kuck | Baxter Immigration Partners LLC can assist with getting your issue resolved. Our team of dedicated attorneys have extensive experience with handling various types of immigration-related matters and are sure we can help you with yours. If you would like to learn more about the services we offer and why you should consider hiring a lawyer if you need to file Form I-751, contact our office today for an initial consultation.
Kuck | Baxter Immigration Partners LLC can be reached at:
365 Northridge Road, Suite 300
Atlanta, GA 30350