Becoming a permanent resident of the United States is a significant milestone for many individuals. However, for some green card holders, their status is conditional, and they must take additional steps to have the conditions removed. This process is known as “removing conditions on permanent residency.” In this post, we will walk you through the steps of removing conditions on your green card, including the eligibility requirements, the application process, and what to expect during the decision-making process.
Eligibility Requirements
There are a few key eligibility requirements that you must meet in order to remove conditions on your permanent residency. These include:
Being married to the U.S. citizen who filed the petition for you: If you were granted a two-year green card based on a marriage that was less than two years old at the time of your approval, you will be required to remove the conditions on your permanent residency.
Being the child of a U.S. citizen who filed the petition for you: If you are a child of a U.S. citizen who was granted a two-year green card based on a parent-child relationship that was less than two years old at the time of your approval, you will be required to remove the conditions on your permanent residency.
Being the investor: If you are a conditional permanent resident based on an investment, you are also required to file to remove the conditions on your residency.
Application Process
Once you have determined that you are eligible to remove conditions on your permanent residency, the next step is to complete the application process. This process includes the following steps:
Gather required documents: In order to apply to remove conditions on your permanent residency, you will need to gather certain documents, including proof of your relationship to the U.S. citizen who filed the petition for you, such as a marriage certificate or birth certificate.
File Form I-751: The main form you need to file to remove conditions on your permanent residency is Form I-751, Petition to Remove Conditions on Residence. This form must be filed within the 90-day period before the expiration of your two-year green card.
File biometrics: As part of the application process, you will be required to submit fingerprints, photograph, and signature for the purpose of security check.
Attend an interview: In some cases, you will be required to attend an interview at a U.S. Citizenship and Immigration Services (USCIS) office as part of the application process. During the interview, an immigration officer will ask you questions about your relationship and may ask for additional documentation to prove that your marriage is genuine.
Decision-Making Process
After you have completed the application process, USCIS will make a decision on your case. There are several outcomes that are possible, including:
Approval: If USCIS is satisfied that your marriage is genuine, they will approve your application and send you a new 10-year green card.
Denial: If USCIS determines that your marriage is not genuine, they will deny your application and initiate removal proceedings.
Administrative processing: In some cases, USCIS may need additional time to make a decision on your case and will put your application into “administrative processing.” This typically happens when there are additional security checks that need to be conducted.
Request for additional evidence: USCIS may ask for additional evidence if they feel the initial application is not sufficient to determine whether the marriage is genuine. This could include additional documentation or another interview.
It is important to note that if your application is denied, you will have a limited time to appeal the decision or file a motion to reopen or reconsider the case.
It’s also important to note that, in some circumstances where the individual and their spouse have separated or divorced before the I-751 is filed, a waiver can be requested for this requirement of joint filing. If a waiver is approved, the individual can file the I-751 alone and present the evidence that the marriage was entered into in good faith but ended in the divorce or separation.
Overall, the process of removing conditions on permanent residency can be complex and time-consuming, but with the right guidance and preparation, it can be navigated successfully. Make sure to gather all required documentation, file all forms on time, and be prepared for any interview or additional steps in the process. It is recommended to seek the help of a qualified immigration professional to help guide you through the process and represent you if any issues arise.
We hope that this post provided a useful overview of the process of removing conditions on permanent residency. If you have any additional questions or need further clarification, please do not hesitate to reach out for our professional assistance in removing conditions.
