How to Remove Conditions From a Green Card

DuPage County Immigration Lawyer Helping Clients Through Conditional Green Card Status

For a foreign national who wishes to reside in the United States permanently, obtaining lawful permanent resident status—also known as a green card—is a significant milestone. In certain cases, however, a green card is granted on a conditional basis. When this happens, the individual must take steps to remove the conditions, or he or she risks losing lawful permanent resident status, which could place the person in danger of removal or deportation.

At the Bensenville law firm of Unzueta Law Group, P.C., we help individuals and families manage the challenging process of immigrating to the United States. If you, your spouse, or another member of your family is currently a conditional lawful permanent resident, our lawyers can assist you in applying for and obtaining the removal of conditions from your green card.

Family-Based Conditions

The most common situation in which a person is granted a conditional green card is one where the lawful permanent resident status is based on a marriage that is less than two years old. This means if you married a U.S. citizen less than two years before coming to the United States on an immigrant visa or receiving your adjustment of status, you will be granted conditional permanent residence. The purpose of granting a conditional green card in such a situation is to ensure that your marriage is real and not just a ploy to work around U.S. immigration laws.

In most such cases, you and your spouse must jointly file the removal of conditions application in the 90-day period prior to the second anniversary of your conditional residence. Failure to apply in the designated window could cause you to lose your conditional green card altogether. Your application package must include evidence that your marriage is legitimate. Such evidence could include wedding invitations, church notices, joint bank or credit statements, proof of joint ownership of automobiles or residences, or children's birth certificates.

If you and your spouse get divorced, or you are the victim of spousal abuse, you can apply to waive the joint-filing requirement. In such a case, you do not have to wait to file your application for removal of conditions. You will still need to prove, however, that you did not intend to evade United States immigration laws in order to have the conditions lifted.

Immigration Help in Addison and Bloomingdale

While marriage-related conditions are the most common, you could also receive conditional permanent resident status if you gained status as an entrepreneur or investor with an EB-5 visa. To qualify for removal of conditions, you will need to submit an application with proof that you actually invested in the enterprise mentioned in your visa application and that you are meeting job creation or preservation standards.

At Unzueta Law Group, P.C., we know that the process of applying for removal of conditions can be stressful and confusing. We also realize that a mistake along the way could have disastrous results for you and your family. With extensive experience in the practice of immigration law, our attorneys are fully equipped to help you obtain lawful permanent resident status without conditions so that you can have the security and peace of mind that you deserve.

Let Us Help

To learn more about conditional green cards and removal of conditions applications, contact our office. Call 630-509-2363 for a confidential consultation with a compassionate member of our team today. We help conditional permanent residents and their families in Itasca, Addison, Roselle, Wood Dale, Elk Grove Village, Bensenville, Rosemont, Bloomingdale, Schaumburg, Rolling Meadows, Cook County, and DuPage County, as well as the neighboring communities.