Protecting Your Conditional Permanent Residency 

Getting a green card through marriage can be a long and complicated process. Once you finally have that card in hand, it can feel like a huge relief. But if you obtained your green card through marriage, and you were married less than two years at the time of approval, there's one more hurdle you have to clear to keep it - removing the conditions. Here's what you need to know about removing conditions on your green card, and what happens if you don't do it in time.

LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.

What is Conditional Permanent Residence?

If you received your green card through marriage to a U.S. citizen or lawful permanent resident, and you were married less than two years at the time of approval, you were granted conditional permanent residence. This means your green card is only valid for two years.

Within the 90 days before your two-year anniversary of becoming a conditional permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence. This kicks off the process for removing the conditions and making your green card permanent.

Why Do Immigration Authorities Require This?

The main reason for the two-year conditional status is to ensure the marriage is legitimate and not just for the purpose of obtaining a green card. After two years, immigration expects you will have had enough time living together as spouses to determine if the marriage is bona fide.

Filing the I-751 proves to immigration authorities that your marriage is real. You'll submit evidence like financial records, photos, affidavits from people who know you as a married couple, and more.

What Happens If I Miss The 90-Day Window?

You must file your I-751 within the 90 days immediately before your two-year green card anniversary. If you file even one day late, you'll be considered out of status.

This means your green card is no longer valid. Being out of status can have serious consequences, like deportation.

However, USCIS does make some exceptions to late filing. You may still be able to file I-751 and retain your green card if your reasoning fits certain guidelines. Some examples are:

• You or an immediate relative were seriously ill.

• You were abroad when your window opened up.

• You received incorrect filing information from USCIS.

• You or your spouse were the victim of criminal activity, domestic violence, or abuse.

What Should I Do If I Missed The Deadline?

First, don't panic. You may still have options. Consulting with an experienced immigration attorney is highly recommended if you missed your I-751 deadline.

Here are some steps your immigration attorney may advise:

• File the I-751 ASAP - Explain your circumstances for late filing and provide evidence to support your reasons. USCIS may accept it if the excuse warrants an exception.

• If you are no longer with your spouse, you have the option of filing the I-751 on your own. An immigration attorney can assist you with this complex scenario.

• Do not leave the U.S. to travel abroad, otherwise, you may have problems re-entering the U.S. 

• Work with an immigration attorney if you have concerns about your background. The attorney can discuss whether you have other relief options. 

What If My Green Card Has Already Been Terminated?

If USCIS determines your conditional permanent residence has already been terminated because you missed the I-751 deadline, you may face tougher challenges. But an attorney can still help you explore options, which depend on your specific circumstances.

How Can I Avoid This Situation in the Future?

• Mark your calendar - As soon as you receive your two-year conditional green card, mark your calendar with all important dates, including exactly when your 90-day filing window opens. Set reminders.

• Maintain proper documents - Keep financial records, photos, travel records, and other documentation that proves your marriage is real. You'll need these when filing I-751.

• Stay up to date on immigration law changes - Consult with your immigration attorney so you fully understand the removal of conditions process. Laws and policies change over time, so staying current is key.

• Keep your green card valid - Always make sure to renew your conditional permanent resident card before it expires. USCIS may see a card that expired years ago as abandonment of status.

Frequently Asked Questions

1. What are the requirements for removing conditions on my green card?

You must prove your marriage was entered into in good faith and file Form I-751 within the 90 day period before your two-year green card anniversary. You'll submit evidence like financial records, photos, affidavits from people who know you as a couple, and more.

2. Can I file I-751 late?

Yes, however, you should work with an immigration attorney to ensure that your filing is not rejected or denied.

3. What if my marriage ended before I filed I-751?

You can still file to remove conditions. You'll just need to select a different eligibility category on Form I-751, such as filing as a battered spouse or your marriage ended in divorce. 

4. Can I renew my green card instead of filing I-751?

No, you must file Form I-751 to remove the conditions in order to keep your permanent resident status. Simply renewing your physical green card does not fulfill the requirement.

5. If my I-751 is denied, can I appeal?

Yes, you can file an appeal by submitting Form I-290B, Notice of Appeal. This must be filed within 30 days of the I-751 denial notice. Be aware that appeals are not always successful.

Take Action Now 

Removing the conditions on a 2-year green card is mandatory. Failure to file Form I-751 in time can lead to serious immigration problems, including termination of your conditional permanent resident status and being placed in removal proceedings

While USCIS may forgive reasonable late filings on a case-by-case basis, you should always try to file on time. Consult with our experienced immigration attorney if you miss your deadline or have any other concerns about meeting requirements. Taking prompt action gives you the best chance of retaining your green card.

LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.