In other words, every immigrant who gets his or her Green Card by virtue of marriage to a United States Citizen or a Lawful Permanent Resident will first receive Conditional Resident Card. Keep in mind that even though your Green Card may say ‘Conditional Resident’, you have all the rights of a Permanent Resident. After a period of two years, you can then apply for the Removal of Conditions on your Green card using the Form I-751 Petition for Removal of Conditions on Residence, at which point USCIS will reevaluate the authenticity of your marriage through an interview.
If you have a conditional Green Card and are anticipating filing for the Removal of Conditions, contact us at the Rijal Law Firm today to discuss the process for finalizing a 10-year Permanent Green Card.
If you have already been married for more than two years, on the day you were issued a Green Card, you would be automatically issued a Ten-year Permanent Green Card.
Can I file I 751 without my spouse?
It is natural for marriages to fail due to differences between couples, and fortunately such an outcome does not mean a person who obtained residency through a legitimate marriage will have to lose their status as a result of an unsuccessful marriage. It is essential for the Conditional Green Card holder to prove that the relationship of marriage was entered in ‘Good Faith’ and all efforts were made to make it work. This might be hard and needs strong documentation and careful arguments, the sort of which are best handled by an experienced and qualified legal professional. Our attorneys are well versed with the complexities involved in this petition and will ensure that your rights as a legal resident are protected no matter the circumstances.
When to file I 90 and not I 751
One of the biggest mistakes self-filers and some attorneys make is to incorrectly file the Form I-90- Application to Replace Permanent Resident Card instead of Form I-751, Petition for Removal of Conditions of Residence. The I-90 form is filed when you need to replace your (Permanent) Green Card or when it has expired. Incorrect filing is not just a waste of money but wastes time too If you are unsure of which application to file or have any other questions or concerns about your immigration status, contact Rijal Law firm today. Love may be forever but filing deadlines are very real.