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Citizens and Permanent Residents of the United States can petition to remove the conditions from their spouse’s 2-year green card. This process is known as the I-751 Petition to Remove Conditions on Residence and the petition must be filed with USCIS within 90 days of the expiration of the conditional green card.
While the process of removing conditions from a spouse’s green card can be complex and time-consuming, Law Caddy’s process makes filling out the paperwork, collecting and supplying additional information or documentation and even preparing for interviews simple.
If the USCIS approves the petition, the conditional status will be removed from the spouse’s green card and they will be granted a permanent green card valid for 10 years.
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The processing time for removing the conditions from a 2-year green card can vary depending on various factors such as the volume of applications received by USCIS, the complexity of the case, and the workload of the local USCIS office. However, as of March 2023, the current processing time for the I-751 Petition to Remove Conditions on Residence is approximately 9 to 12 months. The processing time can also be affected by the completeness and accuracy of the application, the evidence submitted, and whether an interview is required. To ensure a timely and successful processing of the application, it is important to submit a complete and accurate application along with all required supporting documents. Law Caddy's process ensures your application is complete and compiled in the best possible way to speed the process along.
If you are unable to remove the conditions from your 2-year green card, your conditional status will expire and your green card will automatically expire after two years. If your conditional status expires, you will no longer have lawful permanent resident status in the United States and you may be subject to removal proceedings. However, if there were extenuating circumstances that prevented you from filing the I-751 Petition to Remove Conditions on Residence on time, you may be eligible to file a late petition with a waiver. For example, if you were unable to file the petition because of a serious medical condition or because you were outside the United States for an extended period of time, you may be eligible for a waiver. Talk to our Attorney On-Call as soon as possible to determine the best course of action to protect your immigration status.
A 2-year conditional green card is issued to certain foreign nationals who obtain their green card through marriage to a U.S. citizen or lawful permanent resident and have been married for less than two years at the time of approval of their green card application. The reason for the conditional status is to ensure that the marriage is not entered into solely for the purpose of obtaining an immigration benefit. This requirement is intended to prevent marriage fraud and protect the integrity of the immigration system. After two years of conditional permanent residency, the foreign national must file a joint petition with their U.S. citizen or lawful permanent resident spouse to remove the conditions on their green card. The couple must provide evidence that they continue to have a genuine, ongoing marriage and that they are living together as a married couple. If the joint petition to remove conditions is approved, the foreign national will receive a 10-year permanent green card. If the joint petition is denied, the foreign national may be placed in removal proceedings and may face deportation. It is important to note that the conditional status applies only to spouses who have been married for less than two years at the time of their green card application. If the marriage has lasted for more than two years at the time of the green card application, the foreign national will be issued a 10-year permanent green card immediately.
Once the conditions on your green card are removed and you receive a 10-year permanent green card, you must maintain your lawful permanent resident status to remain legally in the United States. Here are some tips to maintain your legal status: Keep your green card up-to-date: Make sure that your green card is up-to-date and that the information on it is accurate. If your green card is lost or stolen, you must apply for a replacement card immediately. Maintain continuous residence: As a lawful permanent resident, you must maintain continuous residence in the United States. This means that you cannot stay outside of the United States for more than 6 months at a time without obtaining a re-entry permit or risking losing your status. Avoid criminal activities: Any criminal activity could result in the loss of your lawful permanent resident status and lead to removal proceedings. Keep USCIS informed of changes: Notify USCIS of any changes in your address, marital status, or employment. It is your responsibility to keep your information up-to-date. Apply for citizenship: Once you are eligible, you may want to consider applying for U.S. citizenship. This will provide you with additional rights and benefits, such as the right to vote and the ability to travel with a U.S. passport. It is important to note that maintaining lawful permanent resident status requires ongoing diligence and compliance with immigration laws and regulations. If you have any questions or concerns about maintaining your status, it is recommended to consult with an experienced immigration attorney periodically.
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