Conditional permanent residence.
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 Temporary
green card for two years.
Your permanent residence status will be conditional if it was based
on a marriage that was less than two years old on the day your green
card application was approved. Your permanent resident status is conditional,
because you must prove that you did not get married only to to get
a green card.
You and your spouse must apply together to remove the conditions
on your residence. You should apply during the 90 days before
your second anniversary as a conditional resident. The expiration
date on your temporary green card, is also the date of your second
anniversary as a conditional resident. If you do not apply to remove
the conditions in time, you could lose your conditional green card
status and be removed from the country.
If you are no longer married to your spouse, or if you have been
battered or abused by your spouse, you can apply to waive the joint
filing requirement. In such cases, you may apply to remove the conditions
on your permanent residence any time after you become a conditional
resident, but before you are removed from the country.
At least one eligibility requirements to remove the green card
conditions must apply.
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You are still married to the same US
citizen or lawful permanent resident after two years
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You are a widow or widower of a marriage that
was entered into in good faith.
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You entered into a marriage in good faith, but
the marriage ended through divorce or annulment.
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You entered into a marriage in good faith, but
either you or your child were battered or subjected to extreme hardship
by your US citizen or lawful permanent resident spouse.
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The termination of your conditional resident
status would cause extreme hardship to you.
Applying to remove the conditions after two years.
If you fail to properly file the Form I-751 (Petition to Remove
the Conditions on Residence) within the 90-day period before your
second anniversary as a conditional resident, your conditional resident
status will automatically be terminated and the INS will order removal
proceedings against you. You will receive a notice from the Service
telling you that you have failed to remove the conditions, and you
will also receive a Notice to Appear at a hearing. At the hearing
you may review and rebut the evidence against you. You are responsible
for proving that you complied with the requirements.
You can file the form I-751after the 90-day period if you can prove
in writing that there was good cause for failing to file the petition
on time.
Receiving a denial of your application to remove the conditions
on your permanent residence.
If your application to remove the conditions on your permanent residence
is denied, you will receive a letter that will tell you why the application
was denied. The process to remove you from the country will begin
as soon as your application is denied. You will be allowed to have
an immigration judge review the denial of your application during
removal proceedings. During this review, the USCIS
must prove that the facts on your application were untruthful and
that your application was properly denied. If the immigration judge
decides to remove you from the country, you may appeal this decision.
Related topics:
US visa lottery DV.
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