Conditional Green Card

Filing Jointly to Remove Conditions on a Green Card

If an immigrant receives permanent residence through marriage to a United States Citizen or Lawful Permanent Resident, the validity of the green card will depend on the duration of the underlying marriage. If the couple has been married for at least two years at the time the application is approved, the applicant will be accorded permanent residence without conditions. On the other hand, if the couple has been married for less than two years, the applicant will be given a conditional green card.

Under the Immigration Marriage Fraud Amendments of 1986, the immigrant and the spouse must file to remove the conditions on his/her green card within 90 days of the second anniversary of when permanent residence was granted. The application is filed on Form I-751 and under normal circumstances, both spouses must file jointly to remove the conditions on the immigrant's green card.

Although simple in theory, this process can be extraordinarily complex. The volatility of marital relationships can lead to extremely complicated situations that can impact the application. Some typical problem scenarios include:

  • The couple is still legally married but separated.
  • The couple is married but the other spouse won't cooperate.
  • The couple lacks joint documents.
  • The immigrant has been arrested or convicted of a crime.
  • The couple has failed to file the I-751.

Green Card Renewal Lawyers in New Jersey

Our Edison attorneys have a great deal of experience dealing with these types of situations and the issues they present. Because the consequences of having an I-751 denied are so drastic, it is critical that you have an informed and realistic understanding of your matter. Whether your case is routine or complex, our office can expertly assist you in filing for your permanent green card with an unmatched level of professionalism, expediency, and effectiveness. Contact us now for help.