If you hold a conditional green card, you may be wondering how to transition to a permanent one. Here’s a breakdown of the process and what you can expect.
What Is a Conditional Green Card?
Conditional green cards provide temporary status valid for 2 years. They are most commonly issued to individuals who apply for a green card within 2 years of marrying a US citizen or lawful permanent resident, but they are also issued to investors/entrepreneurs and to dependents. The conditional nature of the Green Card is a safeguard to ensure that the relationship or investment is legitimate and not entered into for the sole purpose of obtaining permanent resident status. The conditional Green Card serves as a temporary status, it’s meant to be the first step toward permanent residency.
How to Apply for a 10 years Green Card
To keep your permanent residency, you must apply to remove the conditions before the expiration of the two-year period. If you don’t remove the conditions, your Green Card will expire, and you could lose your lawful permanent resident status. This is why it’s critical to apply for the removal of conditions within the 90-day period before your Green Card expires.
To do so, you must complete Form I-751 (or Form I-829 if you are an investor/entrepreneur or the dependent of one) and submit it to USCIS along with all the necessary supporting documentation. You must do this within the 90 days before your conditional green card is set to expire. Absent abnormal circumstances—such as death, divorce, or abuse—these applications are filed jointly: spouses complete and sign the form together.
In some cases, USCIS may request an interview. This is especially common if there are concerns about the authenticity of the marriage or investment. You and your spouse will attend the interview together, or you may be asked to appear alone if applying under the EB-5 program.
What Happens if You Don’t Remove the Conditions?
Failing to file Form I-751 or Form I-829 in time can result in the loss of your permanent resident status. If your conditional Green Card expires and you haven’t filed the necessary paperwork, you risk being placed in deportation proceedings. In such cases, you may be required to leave the U.S. or face significant legal consequences.
What Happens After You Apply?
- Extension of Conditional Status
If your conditional Green Card is about to expire, filing Form I-751 or I-829 within the 90-day window will extend your conditional status. After USCIS accepts your petition, they will issue an extension notice that will allow you to remain in the U.S. and continue working while your petition is being processed.
- Be Prepared for a Request for Evidence
Sometimes USCIS may require additional documentation to support your petition. If this happens, you will receive a RFE. An RFE is a formal notice asking for more details or clarification on specific aspects of your application, such as further proof of a bona fide marriage or additional financial records.
An RFE might be for things like:
- You didn’t include a necessary document, such as your marriage certificate,
- You didn’t produce enough evidence of the legitimacy of your marriage relationship, or
- You didn’t disclose and provide records of any relevant criminal history.
If you receive an RFE, it will specify the exact information or documentation that USCIS is seeking in your case. You will need to have a response prepared and submitted within the timeline they give you. Consulting with a lawyer at this time can help you organize and ensure that you are providing the correct documentation.
- Biometrics Appointment
Sometimes USCIS will schedule you for a biometrics appointment shortly after receiving your petition. The appointment is typically held at a local Application Support Center (ASC). You will receive a notice with the date, time, and location of the appointment, and it is essential that you attend. Failure to show up for your biometrics appointment could delay your case or result in a denial.
- Decision on Your Petition
After reviewing your petition, supporting documents, and any additional evidence, USCIS will make a decision on your case. You will receive an official decision notice in the mail. If your petition is approved, the conditions will be removed from your Green Card, and you will be granted a 10-year permanent resident card.
- Appeal or Motion to Reopen
If your petition is denied, you may be able to file an appeal or a motion to reopen. This involves presenting additional information or evidence to challenge the decision. However, it’s important to understand the reasons for the denial before deciding how to proceed. Consulting with an immigration attorney can help you determine the best course of action if your petition is denied.
Common Issues and How to Overcome Them
- Divorce or Separation: If your marriage ends before the conditions are removed, you can still apply for the removal of conditions, but you’ll need to request a waiver of the joint filing requirement. You will need to prove that the marriage was bona fide and not for immigration purposes, and provide evidence of the divorce or separation.
- Inability to Prove a Bona Fide Marriage: If USCIS questions the legitimacy of your marriage, providing clear, documented evidence of your life together can help. If your case is denied, you may appeal the decision, but this can be a complicated process.
- Delays or RFE: If USCIS issues a Request for Evidence (RFE), respond promptly and thoroughly. Missing documents or incomplete responses can delay the process or lead to a denial.
Why Work with Lefebvre Michel, PLLC?
Applying to remove conditions on a Green Card can be overwhelming. The process involves coordinating expiration dates with long processing times and strict documentation requirements. It becomes even more complex when an RFE is issued. Responding thoroughly to an RFE is crucial—failure to do so can result in a denial, potentially leading to a loss of legal status. This is especially important in today’s climate, where immigration matters face increased scrutiny.
At Lefebvre Michel, our team can:
- Assess your situation in light of the relevant law
- Assist with accurately completing required forms
- Help gather and organize necessary documentation
- Build a compelling case for your eligibility
- Craft a timely and comprehensive response to an RFE
- Guide you through the entire application process
Our expertise is particularly valuable if your application involves atypical situations, such as missed deadlines or family issues like divorce, abuse, or criminal activity. We ensure these complexities are addressed properly.
In short, having a skilled immigration attorney reduces the stress and uncertainty of the process. Consulting with us can help you organize and provide the correct documentation. Lefebvre Michel, PLLC, is here to guide you through every step, allowing you to focus on building your life in the U.S.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies are subject to change, and individual cases may vary. Consult with Lefebvre Michel to discuss your specific situation and receive personalized guidance.