Removal of Conditions
If you received conditional resident status through marriage to a U.S. Citizen or lawful permanent resident or were admitted to the United States as a fiancé or fiancée of a U.S. citizen who then married that citizen, you will want to remove those conditions by filling out USCIS form I-751.
If your Green Card gives you conditional permanent residency in the United States, that card is valid for only two years. You must file a petition to remove the conditions on your Green Card within 90 days before its expiration date.
The attorneys at Martinez Immigration offer immigration law services to help you remove the conditions on your Green Card and make your U.S. residency permanent.
Your opportunity to gain permanent unconditional residency will be much higher when you retain a Green Card removal of conditions lawyer to file the necessary forms and manage your petition.
Need help with your I-751 application? Book a virtual consultation today!
Removal of Conditions for Your Green Card
To remove the conditions attached to your Green Card status, you must file within 90 days of its expiration. If you do not file on time, it’s likely that USCIS will automatically terminate your conditional resident status and issue a Notice to Appear.
In other words, in order to remain within the country legally, you must file an I-751 form to remove Green Card conditions that are based on your marriage to a U.S. citizen, or you or your employer need to file a Form I-829 if those conditions are related to your status as a non-citizen entrepreneur. With either form, you need to submit substantial amounts of evidence to support your petition.
There are also options available if you are no longer living with your spouse. You may file to remove conditions on your permanent resident status without your spouse if:
- You entered into the marriage in good faith, but your spouse died.
- You entered into a marriage in good faith, but the marriage ended through divorce or annulment.
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse.
- Termination of your status and removal from the United States would result in extreme hardship.
There are also options available if you are no longer living with your spouse. You may file to remove conditions on your permanent resident status without your spouse if:
Contact us today for more information.
What Evidence Does the USCIS Request in Removal of Conditions Cases?
Requests for Evidence (RFEs) in USCIS Removal of Conditions cases might include, for example:
- Documents that show your marriage to a U.S. citizen was entered in good faith and not for purposes of circumventing immigration laws.
- Dispositions of any criminal charges, arrests, or convictions that might be on your record.
- Materials to prove hardship if your petition claims that termination of your residency status would result in a hardship to you.
- Complete and accurate information about your spouse and children.
Errors or inaccuracies in your petition may prevent a positive outcome. You can eliminate the risks of making a mistake by hiring a removal of conditions attorney who has the skills and expertise to file your petition correctly and within prescribed time limits.
Need help with your I-751 application? Book a virtual consultation today!
What are Some of the Common Challenges Faced by Individuals in Removal of Conditions?
Your removal of conditions petition will draw extra attention if, for example, you have divorced your U.S. citizen spouse or you file it after your conditional Green Card expires. If that expiration date is very soon, a Green Card immigration attorney can help you file your petition more quickly.
Once the petition is filed, your conditional residency status will be extended past the initial two years until the USCIS issues a decision on your petition.
What Can You Do if Your Petition for Removal of Conditions is Denied?
If the USCIS denies your Form I-751 petition, you will be scheduled for a removal hearing that may result in your deportation from the United States. There are no appeals processes for petition denials, but you will have a chance to present new evidence and renew your petition when you appear in front of an immigration judge at that hearing.
Retaining an experienced removal hearing lawyer to represent you at that hearing can reduce the likelihood that you will be deported.
Our team helps hopeful U.S. residents just like you stay in the country and build their American Dream. Book a virtual consultation today to get started.
Call Martinez Immigration for Help
Martinez Immigration helps holders of conditional Green Cards in Texas, California, Florida, and elsewhere in the United States to prepare and file petitions for the removal of conditions on those cards.
Please call our headquarters office in Texas to learn how we can help you achieve permanent residency status in the United States.
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