Conditional Green Card
Conditional Green Card Lawyer Austin TX
An individual who is married for less than two years to their United States citizen spouse or lawful permanent resident spouse on the day they were granted permanent residency are conditional green card holders who must file a petition to remove conditions on residence. However, conditional permanent residents have the right to work and petition on behalf of certain family members, just like lawful permanent residents.
Removing Conditions on Residence
Conditional status is removed by submitting a joint petition signed both by the USC spouse and the conditional permanent resident spouse within 90 days of the two year anniversary of the granting of the conditional permanent resident status. Failure to file within the ninety day period automatically results in loss of the immigration status and may lead to removal proceedings. USCIS may accept a late filed petition but only if the individual is able to show good reason for not filing within the deadline.
Waiver of the Joint Filing Requirement for I-751 Petitions
Generally, conditional green card holders who are married must file a joint petition with their spouse to remove conditional status. However, conditional residents whose marriages have ended because of divorce, annulment or death of their spouse or whose spouses refuse to join in the filing of the petition may request a waiver of the joint filing requirement if they qualify.
USCIS may schedule an interview on the joint petition or on the waiver application. If USCIS is convinced by the petition that the marriage was entered into in good faith and was not an attempt to commit immigration fraud, it may approve the petition without an interview. Failure to appear for the interview will result in loss of immigration status and may lead to removal proceedings.
How Ghoshal Law can help you pursue a positive outcome
Improper filing of a petition to remove conditions can result in unforeseen difficulties. Ghoshal Law can help prepare and timely file all required documentation for the petition and give professional advice in specific situations.
Call Ghoshal Law PLLC (512-637-1328) today for a consultation with Attorney Ghoshal.