Unlocking Your Path to Permanent Residency: Removing Conditions on Green Cards

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For individuals who marry a U.S. citizen, the journey to permanent residency begins with a conditional green card, also known as a Conditional Permanent Resident Card or CR1. These unique green cards come with specific conditions that must be met before the individual can officially become a permanent resident in the United States.

Understanding the Conditional Green Card

The primary purpose of the conditional green card is to allow immigration authorities to monitor and verify the validity of your marriage as it relates to your eligibility as a permanent U.S. resident. Once the conditions of the conditional green card are met, you can apply to have the conditions removed and receive a permanent green card.

A conditional green card allows you to live and work in the U.S. for two years; this period serves as an opportunity to demonstrate that your marriage is genuine and not for the sole purpose of obtaining immigration benefits.

Conditional green cards can’t be renewed, so it’s important to follow the requirements and timelines. You must file a petition to adjust your immigration status within 90 days of your conditional green card expiration date, otherwise, you risk losing permanent resident status, and in some cases, may be subject to deportation. Once you lose status, you’ll begin to accrue “unlawful presence” which could cause you to be barred from the U.S. if you were to leave and re-enter.

If you’re not able to file a petition within this period for any reason, make sure to consult with an experienced immigration attorney to find out what to do next. Although there may be limited options available, you may still be able to file the petition if you have a valid reason for missing the filing window.

How to Apply for Removal of Conditions

To apply for removal of conditions and a permanent green card, you’ll need to file Form 1-751, Petition to Remove Conditions. If you apply too early (before the 90-day window) it will be returned; if it’s too late, it will be denied—so it’s vital to file the petition on time.

If you’re applying for a permanent marriage-based green card, you and your spouse will need to complete the form together and each of you will have to sign it. In addition, you’ll need to provide evidence that shows your marriage is genuine and entered into with good faith. This can include:

  • Financial records showing joint ownership of assets
  • A lease that shows joint tenancy of a residence
  • Birth certificates of children born during the marriage
  • Jointly filed income taxes
  • Insurance policies held by one spouse with the other listed as the designated beneficiary
  • Medical invoices showing the names of both spouses and their address
  • Vehicle registrations and driver’s licenses showing the shared marital address

Essentially, you’ll need to submit many of the same types of evidence you provided during your original green card application, but with a focus on showing the continued authenticity and validity of your marriage.

You’ll also need to include a copy of both sides of the conditional green card as well as the applicable fees. While it used to be mandatory for couples to attend an interview, this policy has changed and it decision on whether or not to interview you is up to the discretion of USCIS and based on the strength of the evidence you submit.

After you’ve submitted the application, you’ll receive a notice from USCIS confirming it has been received—typically 4-6 weeks after filing. If the application wasn’t submitted properly, USCIS will send a Notice of Action to reject the petition, which will significantly delay your request and application processing time.

For this reason, it’s very important to make sure your application is completed properly. Most I-751 applications are either approved or denied within 14 to 24 months of the filing date, however, this timeframe can vary depending on which USCIS office you filed at and their caseload.

What if the Sponsor Spouse Can’t Fill Out the Application?

There are some circumstances where the sponsor spouse isn’t able to complete the application. In these cases, you may need to request a waiver of the joint filing requirement. This includes:

  • Deportation or removal of the conditional resident status would cause you extreme hardship
  • The marriage was entered into in good faith but ended in divorce or annulment
  • The marriage was entered into in good faith but the sponsor spouse died
  • The marriage was entered into in good faith but the sponsor spouse was abusive to you or your children during the marriage

To seek a waiver, you’ll need to include a statement requesting a waiver in your application package. This should include the ground(s) for which you believe the waiver should be granted, as well as evidence for your eligibility for the permanent green card. If a waiver is granted, you’ll be able to apply for U.S. citizenship after one year.

Common Reasons Your Permanent Green Card Might Be Denied

There are three primary reasons why your permanent green card application might be denied:

  • You filed the application late and didn’t provide evidence to back up your claims of extenuating circumstances.
  • The documentation you provided didn’t provide adequate proof that you and your spouse have established a life together.
  • USCIS believes your marriage is fraudulent based on the information you provided.

As with all immigration applications, partnering with an experienced legal team is your best strategy to ensure a successful outcome. With over 20 years of experience in immigration law, the Ranchod Law Group offers personalized guidance to help you navigate the complexities of the immigration process. We’ll work with you to gather the proper documentation and ensure your application is completed properly and submitted on time. Don’t let these common pitfalls stand in the way of your path to permanent residency. Contact the Ranchod Law Group today at (916) 613-3553 or email us at info@ranchodlaw.com to schedule a consultation.