Removal of Conditions
What Is a Conditional Green Card?
A conditional green card allows you to live and work in the U.S., just like a regular green card holder. However, unlike the standard ten-year green card, a conditional green card is only valid for two years. This type of residency typically applies to individuals who obtained their green card through marriage, and the letters “CR1” on the card stand for “conditional resident.”
It’s important to understand that conditional green cards cannot be renewed. When the two-year period ends, you must either apply to remove the conditions on your green card or risk losing your permanent resident status. Failure to do so can result in losing the right to remain in the U.S. and potential deportation. You are required to file a petition to remove the conditions within a specific 90-day window before your conditional residency expires.
How to Apply for Removal of Conditions
Removing conditions on your green card is time-sensitive and requires careful attention. The key to success is filing Form I-751 (Petition to Remove Conditions on Residence) during the 90-day window before your conditional green card expires. Filing too early will result in your application being returned, and filing too late without a valid reason may lead to your petition being denied.
Form I-751 is a joint petition, meaning you and your spouse must complete and sign the form together. Along with this form, you’ll need to submit evidence proving your marriage’s legitimacy. USCIS expects additional documentation beyond what was included in your original green card application, such as new photos, joint financial records, or even proof of children born since receiving your conditional green card.
The application process also requires:
- A copy of the front and back of your conditional green card.
- The $750 filing fee.
While it used to be mandatory to attend an interview with USCIS, a new rule introduced after April 7, 2022, means that interviews may now be waived if the supporting evidence is strong enough. Submitting comprehensive and accurate evidence is crucial in convincing USCIS of the validity of your marriage.
What Happens If You Don’t Remove the Conditions?
Failing to file a petition to remove conditions on your residency can lead to serious consequences. If you don’t take action before your conditional green card expires, you will become out of status, which can lead to deportation proceedings. Additionally, you will begin accruing “unlawful presence,” making it difficult to reenter the U.S. if you leave. Depending on the length of your unlawful presence, you could be barred from reentering the country for three or even ten years.
What to Do If Your Application for Removal of Conditions Is Denied
If you’ve received a notice that your I-751 petition has been denied, acting quickly is essential. You have two main options:
- Appeal in court: Appearing in front of an immigration judge is the most common option after a denial.
- Refile Form I-751: If your marriage was entered into in good faith, but you were denied due to insufficient evidence, you may be able to refile with more robust documentation.
Regardless of which path you take, gathering ample evidence is critical to proving the legitimacy of your marriage and reversing the decision.
