When you received your green card, or legal permanent residence in the U.S., you may have been granted conditional residency, which is valid for a period of two years. This can be due to receiving your green card based on marriage or as an entrepreneur. Whatever the case may be, you must take action to remove the conditions from your green card at least 90 days prior to its expiration. Otherwise, you risk losing your green card, no longer having a lawful immigration status, and being potentially subject to removal from the country.
To remove the conditions on your green card due to marriage, you must file Form I-751, Petition to Remove Conditions of Residence. You generally are eligible to remove the conditions on your green card if you are still married to the same U.S. citizen or permanent legal resident after two years, if you are now widowed but entered into the marriage in good faith, your marriage was divorced or annulled, but you entered into the marriage in good faith, or if you entered into the marriage in good faith, but you or your child were battered or subjected to extreme hardship by your spouse. You also can include your children on your petition if they received a conditional green card at the same time that you did. However, if your child received a conditional green card more than 90 days after you did, then the child will need to file a separate Form I-751.
With a few exceptions, you generally must apply together with your spouse to remove the conditions from your green card. If you are no longer married to your spouse or you or your child has been abused by your spouse, then you can apply for a waiver of the joint filing requirement.
When you or a loved one is facing an immigration law dilemma, you need legal advice and counsel from experienced Texas immigration attorneys. At Peek & Toland, we are here to help you with your immigration case. We will devote all our efforts to representing your interests, answering your questions, and calming your concerns. Don’t hesitate to contact Peek & Toland and schedule a time to meet with us today. We can help protect your rights and get you the relief that you need.