How Long Does It Take to Remove Conditional Green Card?
Obtaining a conditional green card is a significant milestone for many immigrants, as it signifies a step closer to permanent residency in the United States. However, conditional green cards are temporary and must be removed within two years of issuance. The process of removing the conditional status can be complex and time-consuming, leaving many applicants wondering how long it takes to remove conditional green card. This article aims to provide an overview of the process and the factors that can influence the duration of the application.
The conditional green card is issued to immigrants who have entered the United States based on certain relationships, such as marriage to a U.S. citizen, or through employment-based petitions. The conditional status is initially valid for two years, after which the immigrant must file a petition to remove the conditions and establish that the marriage is bona fide or that the employment-based petition is still valid.
The process of removing conditional green card typically involves the following steps:
- Filing Form I-751: The applicant must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the conditional green card expires. This form requires the applicant to demonstrate that the marriage is bona fide or that the employment-based petition is still valid.
- Meeting Eligibility Requirements: The applicant must meet specific eligibility requirements, such as proving that the marriage is genuine and not entered into for immigration benefits. In some cases, additional evidence may be required, such as affidavits from friends, family members, or colleagues.
- Waiver of Joint Filing Requirement: If the applicant is married to a U.S. citizen, they may file a joint petition with their spouse. However, if the spouse is deceased, missing, or unable to file, the applicant may need to file a waiver and provide additional evidence of the bona fides of the marriage.
- Interview and Decision: Once the application is submitted, the U.S. Citizenship and Immigration Services (USCIS) will review the petition and schedule an interview for the applicant. The duration of the interview process can vary, but it typically takes several months. After the interview, USCIS will make a decision on the application, which can take an additional few months.
Several factors can influence the duration of the process:
- Volume of Applications: USCIS receives a high volume of applications for removing conditional green card, which can lead to processing delays.
- Completeness of the Application: An incomplete application can lead to additional processing time, as USCIS may request additional evidence or information.
- Interview Wait Times: The wait time for an interview can vary depending on the location and the volume of applications in that particular office.
- USCIS Backlogs: USCIS may experience backlogs due to various factors, such as changes in immigration policy or staffing issues, which can further delay the processing of applications.
In conclusion, the process of removing conditional green card can take anywhere from several months to over a year. While the duration of the process can be unpredictable, it is essential for applicants to be proactive and ensure that their applications are complete and accurate. By understanding the factors that can influence the processing time, applicants can better prepare for the journey to obtaining permanent residency in the United States.
