Family Based Immigration
Marriage Based Petitions Petitions for Parents Petition for Children Petition for Siblings Fiancé(e) Visa Removal of Conditions on ResidenceTransitioning from a two-year conditional permanent residence to a permanent 10-year green card involves filing a Form I-751 petition to remove conditions on residence. This is typical for green card holders who married U.S. citizens and obtained their green cards before their second anniversary. Children with conditional green cards through a parent’s marriage to a U.S. citizen must also address the conditions on their residency. IBP Immigration Law’s experienced attorneys assist clients through this process, ensuring the necessary documentation for a successful transition to long-term residency in the United States.
The Process to Remove Conditions on a Green Card through Marriage
The process to remove conditions on a green card through marriage begins with a Form I-751 petition submitted jointly by the green card holder and the US citizen. The couple must prove that they are still married, living together, and have a bona fide marriage.
If the green card holder and the U.S. citizen are no longer married or are separated, the green card holder can submit a Form I-751 petition and request a waiver of the joint filing requirement. This will require the green card holder to prove that he or she entered the marriage in good faith. This process is known as I- 751 with a waiver of the joint filing requirement.
What Happens If One Fails to File
It is important to timely file for a Form I-751 petition to remove conditions on residence. You can submit this petition as early as 90 days before the green card expires. You may file late under limited circumstances. Failure to file a Form I-751 petition to remove conditions on residence may force USCIS refer the green card holder to removal proceedings.
