Filing for a Conditional Green Card
Information from a Skilled Philadelphia Immigration Attorney
Are you waiting until you are eligible to file for permanent residency?
If you are a current permanent resident who has conditional Green Card
status, you should be receiving notice 90 days before it expires to file
for the removal of the conditional status. This occurs in cases where
an individual marries a U.S. citizen and is given conditional Green Card
status. Our Philadelphia
immigration lawyer explains what you need to know about the process.
How Does the Process Begin?
The first step is to fill out Form I-751, which is an application through
the United States Citizenship and Immigration Services and provide any
necessary evidence. Remember that you must file this application within
the three-month period before the expiration. Once granted, your permanent
residency will be extended to the 10-year Green Card—permanent residency status.
Here are the general criteria necessary to apply for removal of conditional status:
- You are still married to the same U.S. citizen or permanent resident after 2 years
- You are the child of a parent and cannot be included in your parent's
- You are a widow or widower and entered the marriage in good faith
- You entered the marriage in good faith, but it ended due to divorce or
- You entered the marriage in good faith, but suffered abuse and undue hardship
When you go to file Form I-751, you would need to file the application
jointly: both the spouse who will be immigrating and the spouse who is
the U.S. citizen and the one who is the permanent resident. If you and
your spouse have divorced since the 2-year period, you may be able to
apply for a waiver of filing jointly. The time it takes to process the
removal may take up to six months. To accommodate this, your current conditional
Green Card will be extended up to 1 year to retain legal rights in the
U.S. until the application has been completed.
Hire a Knowledgeable Attorney!
As a seasoned Philadelphia
green card lawyer,
Matthew J. Archambeault can address any issues and concerns that you have voiced regarding the
removal of Green Card status. As this can be a complex area of law, it
may require a great deal of your time and pulling together many resources.
It is vital that you obtain legal representation to assist you.
Get over 10 years of experience on your side—call the Law Office of Matthew Archambeault today.