When Will an Immigrant Need to Remove Conditions From a Green Card?

 Posted on May 19, 2023 in Immigration

Obtaining a Green Card is a huge milestone for immigrants to the United States. A Green Card will provide a person with the ability to live and work in the U.S. permanently. However, for some immigrants, the journey does not end after a Green Card is issued. If a person receives a conditional Green Card, they will need to take action to obtain a permanent Green Card before the date that their conditional permanent residence expires. By understanding the procedures that will need to be followed to remove the conditions from a Green Card, immigrants can avoid potential issues and ensure that they will be able to continue living in the United States.

Conditional Green Card Requirements

An immigrant who is married to a U.S. citizen may have received a conditional Green Card if their marriage was less than two years old when they received authorization to enter the United States. Immigrants who come to the U.S. on a fiancé visa and spouses of U.S. citizens who receive a CR-1 visa will receive conditional Green Cards. Investors who received EB-5 visas will also be issued conditional Green Cards. A conditional Green Card will generally be valid for two years, and a person will need to apply to remove the conditions prior to the date that their Green Card expires.

The Process of Removing Conditions on a Green Card

Immigrants who received conditional Green Cards through family-based immigration will need to file Form I-751, Petition to Remove Conditions on Residence, with United States Citizenship and Immigration Services (USCIS). A married couple may file Form I-751 jointly, and the application will usually be approved if they can demonstrate that they are still married. If a couple's marriage has ended, an immigrant may file Form I-751 on their own, although they will typically need to provide evidence showing that they got married in good faith and detailing the reasons they are no longer married. Evidence may include a copy of a divorce decree, death certificate, or police reports detailing instances of domestic violence or abuse.

Investors who received conditional Green Cards through employment-based immigration will need to file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, with USCIS. An application to remove the conditions may be approved if an investor still meets the requirements for investing in a new commercial enterprise in the United States. They will be required to provide information about the business, the amount of their initial investment and any subsequent investments, and changes that may have occurred to the business, such as structural changes, bankruptcy, or termination of operations. The investor will also need to provide information about jobs that were directly or indirectly created by their business. If the required number of jobs has not yet been created, the investor must indicate how many jobs will be created within a reasonable amount of time.

When to Submit an Application to Remove Conditions on Permanent Residence

Conditional Green Card holders must apply to remove the conditions within 90 days before the Green Card expires. It is essential to submit the application within the proper time period, since the expiration of a Green Card may result in the loss of permanent resident status and deportation. To ensure that an application is submitted correctly, immigrants can work with an experienced attorney who can assist with compiling the necessary documentation and addressing any concerns about whether all requirements have been met.

Contact Our Itasca Green Card Attorneys

If you are an immigrant with a conditional Green Card, it is essential to take the correct steps to ensure you can maintain permanent residence in the United States. At Unzueta Law Group, P.C., our DuPage County immigration lawyers can address any concerns you may have about your eligibility to remove the conditions on your Green Card, and we can make sure your application is prepared and filed correctly. To get help with immigration issues, contact us at 630-509-2363.

Sources:

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/remove-conditions-on-permanent-residence-for-entrepreneurs-investors