What is removing condition from a temporary green card? In some situations in the United States, an individual is granted conditional permanent residency for a two-year period instead of the typical ten years given to unconditional lawful permanent resident status. Many people who have a conditional status or temporary green card are ultimately hoping to be upgraded to a more permanent status, but doing this requires following several steps and not breaking any laws or raising any other concerns while you are in the country on a temporary basis.
What Is Conditional Residency?
If the adjustment of status to resident is based on marriage and is less than two years old at the time the permanent residency card has been approved by government authorities, conditional residency will be granted. If you receive residency on a conditional basis, the approval card for your permanent residence status expires two years after it has been approved.
You should keep in mind that while your temporary green card does authorize you to be in the U.S. so long as it is activated, certain steps could lead you to being removed. You should never break the law or stay longer than your green card authorizes you for, or you could be facing some serious challenges as it relates to your residency status.
Being Removed from the U.S.
Removal proceedings could begin if you do not file your petition to remove temporary condition on residency before the two-year period expires. The form is called an I-751. Once the I-751 has been approved, the condition that is associated with your permanent residence status could be removed and a ten-year card will be given.
If after two years, the citizen and conditional permanent resident are still married and other conditions have been met, the petition for the I-751 could be filed. It might also be granted even if your marriage has ended. A conditional permanent resident has the opportunity to file the petition without the spouse’s signature if the divorce is already final and if he or she can demonstrate that the marriage was entered into in good faith. The petition may also be granted if the conditional permanent resident can demonstrate that he or she has suffered as a victim of domestic violence.
With so many complex issues at play, it is imperative to get advice from an experienced Arizona immigration attorney. Understanding what you need to know about removing condition and staying in line with the timelines required can be essential for preventing removal procedures.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Removing Condition from A Temporary Green Card, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.