Married people entering the U.S. can receive conditions on their permanent residence when they receive an immigrant visa or adjust their status. These conditions prevent you from receiving your green card unless you take certain steps.
There is a very specific procedure for requesting to remove conditions from your residence status. Doing so allows you to establish a solid foundation in this country and ensure a good life for your kids.
Why are conditions put on permanent residence?
The length of your marriage determines whether you are a conditional permanent resident. These laws are in place to prevent people from getting married simply to immigrate to the U.S. Accordingly, all marriages less than two years old entail conditional permanent residence.
When can I apply to remove conditions?
As the marriage approaches the two-year mark, you can submit Form I-751 to have conditions removed on your resident status. In general, you should submit your application 90 days before your two-year anniversary.
What happens if I do not apply during the 90-day window?
Failing to remove conditions on permanent residence can result in your removal from the country. You will receive a notice that informs you of your rights and responsibilities, including your right to a hearing. At this hearing, you can present evidence on why you should remain in the country.
How do you appeal a denied application?
After receiving a notice of denial, you can request a judge to review it and the decision to deny it. If the judge upholds the previous decision, you will have 30 days to appeal it. If the judge denies this appeal, removal proceedings will begin.
Filing applications in a timely manner is crucial to remaining in compliance. You must also take steps to complete the application correctly and accurately.