Attorney Michele Da Silva is an aggressive immigration attorney with extensive immigration experience. If you, your spouse or your child has received a conditional green card based on a marriage to a United States citizen, it is important that you speak with an immigration attorney who understands the complexity of the immigration system so that you may be properly informed of your options and the requirements for removing the condition on the green card.
What You Should Know
Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.
Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
What are the Eligibility Criterias?
Generally, you may apply to remove your conditions on permanent residence if:
(1)You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days); (2) You are a child and cannot be included in the application of your parents for a valid reason; (3) You are a widow or widower of a marriage that was entered into in good faith; (4) You entered into a marriage in good faith, but the marriage was ended through divorce or annulment; (5) You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse; (6) The termination of your conditional resident status would cause extreme hardship to you.
When to Apply to Remove the Conditions ?
You and your spouse must apply together to remove the conditions on your residence . You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
What Results if You are Late in Applying to Remove the Conditions On Residence?
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:
(a) Your conditional resident status will automatically be terminated and we will begin removal proceedings against you; (b) You will receive a notice from us telling you that you have failed to remove the conditions; (c) You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements); (d) The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.
Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request a waiver of the joint petitioning requirements if:
(a) Your deportation or removal would result in extreme hardship; (b) You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition; (c) You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition; (d) If You Are In Divorce Proceedings But Are Not Yet Divorced; (e) If you are still married, but legally separated and/or in pending divorce or annulment proceedings.