Conditional permanent residence who received a two-year green card must remove the conditions of their residency to obtain a permanent 10-year green card. This is known as a Form I-751 petition to remove conditions on residence. this is usually the case for green card holders who married U.S. citizens and got their green cards before the 2nd anniversary of their marriage. Children who obtained their green cards through a parent’s marriage to a U.S. citizen and have a conditional green card must also remove the conditions of their green card.
Family Based Immigration
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.
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