How Can I Remove Conditions From My Green Card?

 Posted on August 19, 2024 in green cards

A green card grants the cardholder permanent residency in the United States, which means that he or she may live and work in the U.S. However, this permanence may only be temporary. If a noncitizen obtained a green card through marriage to a US citizen and the marriage was less than two years old when it was issued, the green card will likely be conditional.

This article will discuss what conditional residence is and how to remove the conditions. Keep in mind that consulting a Texas immigration attorney is the best way to remove the conditions from a green card.

What Is Conditional Residence?

The United States government allows immigrants who are married to U.S. citizens to apply for permanent residence. However, this rule has sometimes been abused, and noncitizens have entered into marriages solely to obtain green cards. To prevent marriage fraud, the U.S. Citizenship and Immigration Services (USCIS) grants conditional residence to immigrants who are married to U.S. citizens for less than two years. This conditional green card, referred to as a CR1 visa, is only valid for two years and must be renewed within 90 days of the expiration date.

If at the end of two years, you can successfully prove that the marriage is still valid, the conditions will be removed and you will be issued a standard green card valid for 10 years. If you cannot, you may be subjected to deportation proceedings.

How Do I Remove Conditions From My Green Card?

To remove the conditions, you must submit Form I-751, a Petition to Remove Conditions on Residence. This must be done within 90 days before the two-year anniversary of when you were issued the card. If you submit the form too early, it will likely be returned; if you submit it too late, it will automatically be denied.

Form I-751 is a joint petition, meaning both you and your spouse must sign the form. You will also need to send documents proving that the marriage is legitimate. These may include:

• Birth certificates of any children born to you and your spouse
• A lease agreement or mortgage contract showing you and your spouse share a residence
• Joint utility bills
• Written testimony, also known as affidavits, from at least two people attesting that your marriage is legitimate
• Joint financial records such as joint credit card or bank statements
• Photos of you and your spouse together
• Any other documents that may help prove the legitimacy of the marriage

Contact a Dallas, TX Immigration Lawyer

Removing the conditions from a CR1 visa is best done with the help of a Plano, TX immigration attorney who can ensure it is done correctly. At Law Office of Jae Lee, we are passionate about protecting your immigration rights and provide one-on-one guidance to best serve your legal needs. Call 214-295-3014 to schedule a free consultation with an experienced attorney today.