What is a conditional green card? (CR)
Your green card will be conditional if it is approved while you and your spouse have been married for less than 2 years
It allows you live and work in the US
The green card will only be valid for 2 years
After 2 years you must update your status to a full, 10-year green card
A conditional green card cannot be renewed
The next step will be to apply for the removal of conditions
What is the ‘removal of conditions’?
This will allow you to apply for a 10-year green card and become a permanent resident
You must fill out the Form i-751 within the 90-day window before the green card expires
You must prove that your marriage is real after the 2-year period
(If you fail to do so, you will lose your permanent resident starts and will have to leave the US)
What are the exemptions for people who need to apply to remove their conditions from a conditional green card?
If you want to divorce, or are in the process of divorcing
If your spouse dies
If you suffered abuse during your marriage
If your marriage has come to an end, but you will experience ‘extreme hardship’ if your residency is terminated
(If more than one of the above circumstances apply, you can check multiple boxes on Form i-751)
Examples of evidence to prove that you qualify for certain waivers:
Divorce:
You are still able to apply to remove the conditions
You must include a request to waive the requirement that your spouse files the form with you
You must prove that the marriage was entered into in good faith (and not for immigration purposes)
It may be beneficial to include evidence such as:
your former spouse requested the divorce
your former spouse was at fault for the end of the marriage
attempts to save the marriage e.g. counselling
You can file the Form i-751 any time from when your marriage ended, up until your green card is due to expire
You do not have to wait for the 90-day window before your conditional green card expires
Include a copy of the final divorce order
Passing of your spouse:
If their death happens before you remove the conditions, you must:
file Form i-751
include a copy of your spouse’s death certificate
include evidence of your marriage/life together
You can file the Form i-751 any time from when your spouse dies, up until your green card is due to expire
You do not have to wait for the 90-day window before your conditional green card expires
Victim of abuse:
You can remove the conditions of your green card without assistance from your spouse
You should include evidence of abuse
Such as:
restraining orders
statements from domestic violence shelters
medical reports of injuries as a result of abuse
other evidence e.g. photographs, videos, affidavits
If you have divorced, include a copy of the final divorce order
Extreme hardship (upon a termination of residency):
You must prove that you would face ‘extreme hardship if you returned to your home country
The United States Citizenship and Immigration Services will only look ‘extreme hardships’ since your green card was approved
An example of ‘extreme hardship’:
a war beginning in your home country in the time that you applied for your green card and when you are applying top remove the conditions
For more information, please contact J. Molina Immigration Law LLC for a consultation at 860-474-3705.
Categories: ImmigrationUncategorized
