In some circumstances, you may be eligible to receive only a two-year green card, which means that you have conditional residence. One of the most common reasons for receiving a two-year green card is when your conditional resident status is based on a marriage that is less than two years old on the date that you receive your status. Your green card is conditional because you need to prove that your recent marriage is valid and not intended to evade U.S. immigration laws. At the end of the two-year period, your green card is not renewable. Rather, you must successfully petition for the removal of the conditions on your green card (this is done on form I-751). If you fail to do so, then you will lose your permanent resident status. You should file your petition to remove the conditions on your green card 90 days prior to your green card’s expiration date. Normally, you must file the petition to remove the conditions on your green card jointly with your spouse. However, you can request a waiver of the joint filing requirement in certain circumstances, such as if you have divorced or have your marriage annulled and were not at fault for failing to timely file a petition to remove the conditions. Likewise, you may be able to get the joint filing requirement waived if your spouse battered you or your child or treated you with extreme cruelty. You are eligible to remove the conditions from your green card if you fall within one of the following classifications:
- You are still married to the same U.S. citizen or permanent resident after the two-year conditional period.
- You are a widow or widower who entered into your marriage in good faith.
- You entered into your marriage in good faith, but the marriage ended in divorce or annulment.
- You entered into your marriage in good faith, but either your or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent residence spouse, or
- Removing you from the country would result in extreme hardship.
It is our goal to provide you both with the legal representation that you need, as well as practical information about your immigration status. No matter your situation or what your needs may be, we devote all of our efforts to advocating on behalf of you and your family before the immigration court. Don’t hesitate to contact the Bay Area immigration lawyers of Landerholm Immigration, A.P.C., and set up your legal consultation today. We are here to help.