If you received a conditional green card through marriage, removal of conditions may provide a path to obtaining a 10-year permanent resident card. The process begins with a petition filed with USCIS before the conditional green card expires.
Do I Qualify?
Conditional Permanent Resident
You must currently hold conditional permanent resident status obtained through marriage.
Timely Filing Requirement
The petition must generally be filed during the 90-day period before the conditional green card expires.
Qualifying Marriage
The marriage must have been entered into in good faith and not solely for immigration purposes.
Joint Filing Requirement
The petition must generally be filed jointly by both spouses unless a waiver applies.
Continued Eligibility Requirement
You must generally remain eligible for permanent resident status.
Evidence of Shared Life
You should generally have documentation showing a continuing marital relationship and shared life together.
Documents to Gather
Permanent Resident Card and Identity and Civil Documents
Copies of the front and back of your conditional permanent resident card. Passports, government-issued identification documents, and passport-style photographs.
Evidence of Bona Fide Marriage
Joint financial records, leases or mortgages, photographs, affidavits, and other documentation showing the relationship from the date of marriage forward.
Marriage and Civil Documents
Marriage certificates, divorce decrees, legal name change documents, and other relevant civil records.
Financial Documents
Joint financial records and supporting documentation demonstrating a continuing marital relationship.
Additional Documents May Be Required
Police records, court records, certified English translations, waiver-related evidence, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The removal of conditions process involves reviewing eligibility, supporting documentation, and filing requirements. The process generally begins with an initial consultation.
File Form I-751 With USCIS
Form I-751 is filed with USCIS to request removal of the conditions on permanent resident status. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
Case Processing
The petition is reviewed by USCIS and additional evidence or information may be requested.
Biometrics Appointment (If Required)
A biometrics appointment may be scheduled to collect fingerprints, a photograph, and a signature.
Interview Preparation and Interview (If Required)
Before an immigration interview, we review the required documents and discuss what to expect during the interview process. An interview may be scheduled as part of the adjudication process.
Decision and 10-Year Permanent Resident Card
USCIS issues a decision after reviewing the petition and supporting documentation. If approved, the conditions on permanent residence are removed and a 10-year permanent resident card is issued.
Complex Case Factors
Divorce Or Separation
Divorce, separation, or other changes in the marital relationship may require additional evidence or waiver eligibility.
Criminal History
Certain criminal convictions can affect eligibility or trigger additional review.
Insufficient Relationship Evidence
Limited documentation of a bona fide marriage may result in additional review or requests for evidence.
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The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
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