Removal
of Conditions on a
Green Card

If you have been married to a United States citizen or United States legal permanent resident for less than two years at the time you received your conditional green card, you must file a petition to remove this two-year condition or your status will terminate. You must file a petition either jointly with your spouse or you must qualify for a waiver.

Marriage fraud is one of the most controversial areas of immigration law. A foreigner who marries a United States citizen or legal permanent resident enjoys the ability to live, work and travel to and from the United States freely. In order to combat abuse of the system, USCIS requires foreigners and their spouses to prove they entered into the marriage for love, not just for immigration purposes.

To do this, the couple whose marriage is less than two years old at the time of issuance of the conditional green card must file an I-751 within 90 days of the date the conditional green card expires. If the petition is filed late, the foreigner must have a very good reason why. Otherwise, a foreigner must qualify for a waiver. There are only four waivers available, including:

  • Your spouse has died;
  • You entered into the marriage in good faith but subsequently divorced;
  • You have been subject to extreme cruelty or battered by your spouse;
  • Your removal from the the United States would result in extreme hardship to you.

 

If USCIS or a Field Officer officer denies the I-751, it is likely that the foreigner will be issued a Notice to Appear (NTA) and sent to immigration court. Here, he or she can re-file the I-751, but will face long delays and at least two hearings. If the petition is denied again, a foreigner can file an appeal or a couple can attempt to start the whole process over again.

Immigration is constantly evolving. Many factors go into granting or denying an I-751 Petition to Remove Conditions on Residence, including ever-changing USCIS policies, credibility during an interview, documented evidence, witness statements, timing, field checks and more.

With an office in Upper Darby, Pennsylvania, I practice throughout the Greater Philadelphia Area. If you are located in suburban Bucks, Chester, Delaware, Lehigh, Montgomery ,York and Philadelphia Counties contact me today for a consultation regarding your or your loved one’s immigration status.