If you just gained entry into the United States as the spouse of a United States citizen or as an investor, you probably have a temporary green card or conditional permanent residence in the United States.
With this residency status, you can access most benefits and services available to other United States permanent residents. However, there is one issue with this type of residency. Your status is conditional, which means it is temporary. Therefore, you will have to remove the conditions on your residency status to achieve permanent residency. In this blog, we will explain what a temporary or conditional permanent residence is and how to successfully remove any conditions on your residency status.
Understanding a Temporary Green Card
In many immigration scenarios, when someone receives a United States green card, possibly through an employer, a family member, or after spending a year in the U.S. as an eligible refugee, that green card signifies “lawful permanent residence.” The LPR status means the individual can live in the United States indefinitely, as long as they follow U.S. laws and are not deported or do not give up their U.S. residency.
However, U.S. law imposes specific conditions on what would otherwise be permanent residency for two categories of people, including:
- Spouses of U.S. citizens who obtained lawful permanent resident status through marriage, provided the marriage occurred less than two years before they obtained U.S. residency
- Investors or entrepreneurs who gained U.S. residency under the EB-5 program. To get conditional permanent residency through investment or entrepreneurship, you need to make a qualifying investment that either creates or preserves full-time jobs for eligible U.S. workers. Usually, the investment amount is around $1.05 million, but if you invest in a Targeted Employment Area (TEA), you can invest approximately $800,000. Also, your investment has to result in the creation or preservation of at least 10 full-time jobs for qualifying employees
Both of these paths lead to a conditional form of residency, which many people refer to as having a temporary green card. However, under the United States’ immigration law, there isn’t an official term called “temporary green card.” However, people often use it as a casual way to refer to “conditional residence.”
Conditional residence lasts for two years. Throughout this period, you enjoy the same rights and responsibilities as other permanent residents, such as the ability to work and live in the United States.
You can also leave the U.S. for quick trips by showing your Green Card and passport to the border officials. You should also be cautious with longer trips, as staying outside the US for an extended period may lead to the assumption that you’ve forfeited your permanent residency status. If you’re planning to be away for more than one year, you should submit your application for your reentry permit before leaving the US.
Removing Conditions from Your Temporary Green Card
The “conditions” imposed on your permanent residency allow you to stay in the United States only for two years. If you want to extend your stay, you must remove the conditions of your residency within 90 days before your conditional green card expires. If you don’t adjust your immigration status, you will forfeit your permanent residency status and have to return to your home country.
Below are the steps required to remove the conditions of your conditional residency:
Check If You Are Eligible
Before you start, confirm that you satisfy the eligibility criteria. Once you confirm this, it will help you save effort, time, and money.
One requirement for conditional residency through marriage is the duration of the marriage. You should only apply together with your partner if you have been legally married for the entire period of your conditional residency.
As an investor, you should show that you made and sustained the necessary investment, and that it helped create or preserve at least 10 full-time jobs for qualified workers in the U.S.
Prepare Your Documents
A supporting document verifies your lawful status in the U.S. during your application. If your residency status is based on your marriage, the documents you require are:
- Your most recent Green Card
- Law enforcement or court records
- Any document or criminal record showing that you do not have any pending criminal charges
- Marriage certificate to verify your spousal relationship
- Joint statements with your partner that show your marital relationship
For investors, the evidence can consist of various items, such as:
- Bank statements
- Contracts
- Invoices
- Business licenses
- Receipts
- State or federal income tax returns
- State or federal quarterly tax statements
Complete the Necessary Forms
If you are an entrepreneur, you will file Form I-829. Conditional residents through U.S. spouses should file the I-751 form.
You can obtain a copy of the forms from the USCIS. The forms will request details about:
- Yourself (for example, name, your address in the U.S., and filing method)
- A statement from the petitioner
- Your children or dependents
- Your spouse
- Your registration number
Pay The Required Fees
The fees for filing Form I-751 are $750. For Form I-829, you will pay $9,525.
You can find out other fees you need to cover by using the fee calculator on the USCIS website. The calculator will provide you with the specific amount due.
Send the Application Early
The average processing time for applications at the USCIS is approximately three months. This is roughly ninety days from when they receive it.
To lower your likelihood of rejection, send your application ninety days before your temporary Green Card expires.
By this point, you might have finished filling:
- Your I-751 form
- Supporting documents
- Money orders, checks, or other payment proof
You can submit your application either by mail or online.
Currently, USCIS has 2 mailing addresses. They are:
USCIS
P.O. Box 21200
Phoenix, Arizona 85036
USCIS
Attn: I-751
1820 East Skyharbor Circle S
Suite 100
Phoenix, Arizona 85034
Wait for the Decision from the USCIS
After you have sent your request, you just need to wait for the USCIS’s decision. Usually, the USCIS makes a decision on your petition for removal within ninety days.
During the time between sending your request and the conclusion of the ninety days, you are allowed to check on its status. You will get a notification from the USCIS. This notification will have your case’s number.
The number serves as evidence that your application is being reviewed and processed. You can check its status using USCIS’s case management system on their website.
Simply enter your receipt number on USCIS’s online form. This will take you to a landing page that shows the current state of your application.
When to Submit Form I-751
Filing Form I-751 promptly is necessary to prevent issues, like the sudden loss of your permanent resident status. The appropriate time to submit a petition varies based on whether you are submitting together with your spouse or submitting separately.
You have to submit Form I-751 within the 90 days leading up to the expiration date of the conditional green card. For example, if the green card expires on April 1st, 2025, you are eligible to submit Form I-751 starting January 1st, 2025, or ninety days prior. You need to submit your application by April 1, 2025, to keep your green card status.
If You are Submitting Your I-751 Independently
You are allowed to submit your I-751 petition after obtaining conditional residency. This may apply if the marriage came to an end due to annulment, divorce, or the death of your spouse, or when you experienced abuse from your partner.
If Your Temporary Green Card has Expired
In certain cases, the U.S. government may grant permission to submit the I-751 form even if the temporary green card has lapsed. You must compose a letter explaining why you did not file earlier. Typically, requests will be granted only under “extraordinary circumstances” that are out of the applicant’s authority and where the delay was “justifiable.” You should try to meet the deadline for filing an I-751 because filing it late doesn’t mean it will be accepted.
Special Cases for Form I-751
If you can’t submit Form I-751 together with your spouse, you might be eligible for a requirement waiver to file jointly. This enables you to eliminate conditions on the green card without the need for your spouse’s agreement. You may ask for a waiver if you meet the following conditions:
When Your Spouse Passes Away
When your spouse passes away after your marriage, you can still petition to eliminate the conditions on your resident status. You will need to file for a waiver to explain why you are not applying together with your spouse and show that your marriage was entered into honestly.
When You Divorce
A divorce officially starts when one person submits a petition in court. It usually concludes in one of two ways:
Either the couple reaches an agreement/Marital Settlement Agreement, regarding the division of assets and debts, alimony, child support, and visitation rights, or
The matter is presented to a judge in a hearing, who then issues a ruling declaring the couple legally divorced.
If you divorce while still holding a conditional residency status, you need to send a request to the USCIS to waive the standard requirement for you and your spouse to file Form I-751 together. The waiver lets you ask USCIS to change your conditional residency status to permanent residency without requiring your spouse’s signature.
You must include with this request the decree of the divorce, evidence that your marriage was genuine, and your statement explaining the reason for the divorce.
It is essential to provide proof that your marriage was genuine to get USCIS approval for permanent residence. Additionally, since USCIS has the discretion to approve or deny the I-751 waiver (meaning they are not legally required to approve it), you may need to demonstrate that the failure of the marriage was not your fault.
The worst thing that could happen would be if the divorce were granted because of the non-citizen spouse’s abandonment or adultery. The best outcome would be if the divorce were a no-fault divorce.
In both situations, providing evidence that you two went to marriage therapy can help show that your marriage was genuine, although this alone doesn’t ensure that the waiver will be approved.
If You Were Subject to Abuse
Conditional permanent residents, including the children and partners of United States residents, can seek to remove conditions if they have experienced battery or abuse in their relationship. If you are able to prove that your marriage was genuine and that you aren’t responsible for not applying jointly to remove the conditions, you may receive a waiver to petition on your own and for your dependent children. For this situation, you will again have to show that your marriage was entered into in honesty, but you faced mistreatment, abuse, or battery from your U.S. spouse.
What If The Marriage Ends, but Returning to Your Original Country Would Cause Extreme Hardship?
According to US law, you can apply to remove the conditions from your permanent residency status without your spouse if leaving the US would lead to extreme hardship. When you file your Form I-751, you will need to provide evidence explaining why returning home would cause extreme hardship.
What Can Cause The USCIS To Reject My Application?
The USCIS can turn down your application for various reasons. Below are some common reasons for rejections:
Submitting Your Request Late
Late submission refers to sending the joint request after the residency status has expired without a valid justification for the delay.
A late application typically results in rejection. Even worse, you risk losing your lawful status while you wait for the final ruling. Losing lawful status can lead to deportation, regardless of the status of your marriage.
Failing to File Jointly or Requesting a Waiver
If you do not clearly indicate that you are filing together with your partner or that you’re asking for a waiver to not file jointly, your application will likely be rejected.
Incomplete Forms
Ensure that you complete the forms in their entirety. Omitting any information can result in rejection.
Not Following Document Instructions
There are many instructions you should follow when filing a petition to remove the conditions. The USCIS recommends:
- Submitting copies of your legal documents instead of the originals
- Avoiding staples for your documents
- Using a folder or binder that can be easily opened or taken apart
- Signing your form
- Using paper clips rather than staples
- Ensuring your application is in English
Criminal Background
A criminal record does not definitively prohibit you from submitting requests to remove the conditions. However, it may raise suspicions with the USCIS and the Department of Homeland Security.
Therefore, you should provide an official notice from a police agency or court. This notice should confirm that:
- The charges against you were dismissed
- You have not been charged with committing a crime
Any indication of an active criminal case on your record is concerning for the DHS and USCIS.
Frequently Asked Questions
Below are some of the most commonly asked questions on conditional permanent residency:
What Will Happen When My Conditional Residency Status Expires?
If you don’t remove the conditions within the ninety-day window before the green card expires, you could face deportation or removal proceedings. Having an illegal presence in the U.S. can cause deportation and a ban on re-entering the country.
Why Was My Request to Remove Conditions Denied?
It’s uncommon for requests to remove conditions from a green card to be rejected. When it does happen, it’s usually because USCIS is concerned that your marriage isn’t genuine and may involve immigration fraud. Additional reasons for denial include filing the application late or lacking sufficient evidence that you and your partner are in a legitimate marriage.
Do I Need To Be Physically Present In The U.S. To Submit My I-829 Or I-751 Petitions?
You don’t need to be in the United States to file the Form I-829 or I-751 petition, or waiver. You can submit it from anywhere, but if USCIS schedules an interview, you will need to return to the country.
Should I Travel Outside The U.S. While My Application Is Under Review and My Alien Registration Card Is No Longer Valid?
The USCIS allows travel outside the United States while your I-751 is pending, even if your alien registration card has expired. Once USCIS receives your I-751, it will send you a receipt. This receipt proves that you still have a lawful status in the U.S. You can use the receipt along with your expired card to reenter the country after your trip. Just make sure to pay attention to the expiration date on the receipt and return before that date.
Find a Knowledgeable Immigration Lawyer Near Me
Immigration law in the United States is quite intricate. It’s common for applications to face delays or rejections due to misunderstandings or minor errors. One of the best ways to safeguard yourself against these issues is by hiring a skilled and experienced green card attorney.
At California Immigration Attorney, we understand the requirements for a variety of immigration cases and can guide you in your immigration journey. Contact our legal team today at 424-789-8809 to arrange a free initial consultation.