When to take the conditions off of your conditional green card.
If you had been married for more than two years at the time you received your green card through marriage then you received a permanent green card.
In this case you do not have any conditions to remove from your green card. You can live and work in the United States for as long as you would like with your green card. You may or may not wish to become a United States Citizen in the future. However, there is no requirement to become a United States Citizen.
If you decide to become a U.S. Citizen and you may be eligible to become a U.S. Citizen 3 years after obtaining your conditional green card. You should speak to an immigration attorney to make sure that you qualify.
If, however, you had been married for less than two years at the time you received your green card (which is more likely) then, after your adjustment of status interview, you would have received a conditional green card. In this case you will need to timely remove the conditions on the green card.
The petition to remove the conditions on the green card must be filed with USCIS in the 90 day period before the green card expires .
If you have passed this time limit then you must act promptly. You should file form I-751 with the required evidence. Do not delay. USCIS has had a policy of starting removal cases (deportation) for conditional green card holders who do not timely remove the conditions on their green cards.
You should also be aware that USCIS uses the I-751 process as an additional check for marriage fraud.
If you are in the position of having to remove the conditions on your green card then you will need to complete form I-751, submit all the required documentation, and pay your filing fee with USCIS.
If you need to remove the conditions on your green card but you are no longer married to your U.S. Citizen spouse then you may still be able to remove the conditions on your green card.
How to handle this situation is beyond the scope of this blog post. However, if you are in this situation I would strongly suggest that you speak to an Immigration Attorney as soon as possible. You need to have an experienced Immigration Attorney review your case in detail and determine your best course of action.
Lawrence Gruner is an Immigration Attorney and fiance visa attorney with almost 20 years of experience. His office handles cases throughout California, the United States and the World. You may reach our office toll free at 888-801-6558 or at 916-760-7270. Attorney Gruner would be happy to review your situation and your options. This post is under sacramento green card attorney and Sacramento green card lawyer.
The information provided on this site is not legal advice but general information only. Laws do change and additional laws may apply in your case. Every case is different. Please contact our office or the office of another immigration attorney to review your matter prior to filing any documentation with USCIS.