Removal of Conditions on Green Card (Permanent Residency)
When the USCIS issues a conditional green card (permanent residency), it is only valid for a period of 2 years. To remain a permanent resident, the green card holder must remove the conditions within the 90 days before the card expires. A conditional green card cannot be renewed. The conditions must be removed or the holder will lose their permanent resident status. The conditions can be placed on :
- a permanent resident based on marriage or
- a permanent resident for Entrepreneurs
Removing Conditions on Permanent Residency based on Marriage
If the beneficiary was married for less than two years when they were given permanent residency, then their permanent residence status is conditional. The beneficiary is issued a conditional resident status to make sure that they did not get married for the sole purpose of evading the immigration laws of the United States. The beneficiary must file a petition to remove these conditions.
The beneficiary may apply to remove the conditions on permanent residence for the following reasons:
- If the beneficiary remains married to the same U.S. citizen or permanent resident after 2 years. The beneficiaries children may be included in the application for the removal the conditions if they received their conditional-residency status either at the same time or within 90 days of the their parents’ receiving their conditional permanent residency.
- If the beneficiary is a child who cannot be included in their parents’ application.
- If the beneficiary is a widow/widower who entered into their marriage in good faith.
- If the marriage between the beneficiary and the permanent resident/US citizen ended through divorce or annulment
- If the beneficiary or their children were physically/mentally abused or subjected to extreme hardship by their U.S.-citizen/ permanent-resident spouse.
Divorced or Battered
The beneficiary can apply to waive the joint filing requirement if they are no longer married to their spouse, or if the beneficiary or their children have been battered or abused by their U.S.-citizen or lawful permanent-resident spouse or parent. In such cases, the application to remove conditions on their permanent residency can be filed at any time after they become conditional resident but prior to being removed from the United States.
Children’s Conditional Green Card
If the beneficiary’s children received conditional resident status within 90 days of when their parents did, then the children may be included in beneficiary’s application to remove the conditions on permanent residence, otherwise a separate removal application must be filed for their children.
Removing Conditions on Permanent Residency for Entrepreneurs
If the permanent residency was granted based on investment, then the residency status is given conditionally for a period of two years on the day that the beneficiary is admitted to the United States. The application to remove the conditions on permanent residency status must filed within 90 days before the second anniversary of the beneficiary’s admission to the United States as a conditional resident. After filing the application to remove the conditions, the beneficiary’s conditional permanent resident status will be extended for 6 months or until the their application has been approved, whichever is longer.
Forgot to File or Filing Late?
If the application to remove the conditions is not submitted as required, the beneficiary will automatically lose their conditional permanent resident status as of the 2nd anniversary of the date when they were granted conditional status. This may trigger removal proceeding of the beneficiary from the United States. If the application was not filed in the time allocated, the beneficiary may submit:
- A request to excuse the late filing
- A written explanation that shows that beneficiary failure to file on time was a for a valid and acceptable reason
How we can help…..
The Law Offices of Trupti N Patel & Associates – Boston Immigration Lawyers – has helped many of conditional permanent residents with applying for the removal of conditions on their permanent residency. If you need help with filing an application for the removal of conditions on your green card, please contact us at (617) 367-6750 or arrange an in-person consultation with one our immigration Lawyers.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108