How to Remove Conditions from Green Card
Obtaining a green card is a significant milestone for many immigrants in the United States. However, certain green cards come with conditions, usually due to the temporary nature of the immigration status. If you have a conditional green card, you may be wondering how to remove those conditions. This article provides a comprehensive guide on how to remove conditions from your green card, ensuring a permanent status in the United States.
Understanding Conditional Green Cards
A conditional green card is typically issued to immigrants who obtained their permanent residence based on certain qualifying relationships, such as marriage to a U.S. citizen. The condition is usually imposed for two years, during which the immigrant must demonstrate that the relationship is bona fide. If the relationship has ended, or if other conditions are not met, the conditional status may be terminated.
Steps to Remove Conditions from Green Card
1. File Form I-751: Petition to Remove Conditions on Residence
The first step in removing conditions from your green card is to file Form I-751, Petition to Remove Conditions on Residence. This form must be submitted within the 90-day period before the second anniversary of the issuance of your conditional green card. You must submit this form along with supporting evidence to prove that your marriage is legitimate and ongoing.
2. Provide Proof of Marriage
One of the key requirements for removing conditions from your green card is to provide proof of a bona fide marriage. This can include evidence such as joint bank accounts, joint ownership of property, joint tax returns, and shared children. If you are separated or divorced from your spouse, you must provide evidence of the separation or divorce, along with a statement explaining the circumstances.
3. Waiver of Joint Filing Requirement
In some cases, you may be eligible to file a waiver of the joint filing requirement. This is applicable if you can demonstrate that the marriage was entered into in good faith, but there are extreme and unusual hardship circumstances if you were to file jointly. You must file Form I-751 with a waiver request and provide supporting evidence to support your claim.
4. Consider Other Factors
In addition to proving the bona fide nature of your marriage, there are other factors that may be considered during the process. These include the length of your marriage, any children born during the marriage, and any joint assets acquired during the marriage. It is important to present a strong case that demonstrates the legitimacy of your relationship.
5. Submit the Application and Pay the Fee
Once you have gathered all the necessary evidence and forms, submit your application for removing conditions from your green card. You must also pay the required filing fee. The U.S. Citizenship and Immigration Services (USCIS) will review your application and may request additional evidence or conduct an interview.
Conclusion
Removing conditions from your green card is a crucial step towards obtaining permanent residency in the United States. By following these steps and providing sufficient evidence of a legitimate and ongoing marriage, you can successfully remove the conditions and secure your permanent status. If you are unsure about the process or need assistance, consider consulting with an immigration attorney to ensure a smooth and successful application.
