What is a Conditional Green Card?
A Conditional Green Card is issued to individuals who obtain permanent residence through marriage when the marriage is less than two years old at the time permanent residence is granted. Instead of receiving a standard 10-year Green Card, the applicant receives conditional permanent resident status valid for two years.
Who Receives a Conditional Green Card?
You may receive a conditional Green Card if:
- You obtained permanent residence through marriage to a U.S. citizen or lawful permanent resident; and
- The marriage was less than two years old when permanent residence was approved.
Conditional permanent residents have the same rights and responsibilities as other permanent residents, including the right to live and work in the United States. However, they must later prove that the marriage was genuine and not entered into for immigration purposes.
How Do You Remove the Conditions?
To remove the conditions on a marriage-based Green Card, the couple generally files Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before the conditional Green Card expires.
Applicants should provide evidence demonstrating a bona fide marriage, including:
- Joint bank accounts
- Joint tax returns
- Joint leases or mortgages
- Insurance policies
- Photographs
- Birth certificates of children
- Other evidence of a shared life together.
If approved, USCIS removes the conditions and issues a 10-year Permanent Resident Card.
Who Can Apply for a Waiver?
In certain situations, a conditional resident may apply for a waiver of the joint filing requirement and file Form I-751 without the petitioning spouse.
A waiver may be available if:
Divorce or Annulment
The marriage ended in divorce or annulment, but the applicant can demonstrate that the marriage was entered into in good faith.
Battery or Extreme Cruelty
The applicant was subjected to battery, domestic violence, or extreme cruelty by the U.S. citizen or permanent resident spouse.
Death of the Petitioning Spouse
The petitioning spouse passed away before the joint petition could be filed.
Extreme Hardship
The applicant would suffer extreme hardship if removed from the United States. USCIS evaluates hardship based on the specific facts of each case.
Why Legal Representation Matters
Removal of conditions cases and waiver applications often require substantial documentation and legal analysis. A properly prepared filing can help avoid delays, requests for evidence, interviews, and possible removal proceedings.
YA Law Corporation assists clients with:
- Marriage-Based Green Cards
- Form I-751 Petitions
- Removal of Conditions
- Waiver Applications
- Marriage Fraud Allegations
- Family-Based Immigration
- U.S. Immigration Matters
Contact YA Law Corporation
YA Law Corporation provides U.S. immigration services for clients in Vancouver, British Columbia, throughout Canada, and Washington State.
Email: info@yalaw.ca
Website: www.yalaw.ca