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Green Card by Marriage: How do I remove conditional residency?

Green Card by Marriage: How do I remove conditional residency?

When an individual comes to the United States by marrying a current U.S. citizen or permanent resident, they are issued a conditional permanent resident status. The Green Cards that are issued in this situation are only valid for 2 years. Towards the end of the two-year period, the Green Card holder will be responsible for applying to have the conditions on their status removed, if they desire to stay in the United States. Within 90 days of the end of the expiration date on the Green Card, an individual must determine whether they fit the following eligibility criteria to have the conditions removed.

  • The individual is still married to the same U.S. citizen or permanent resident after two years
  • The individual entered into the marriage in good faith but the spouse passed away during the two years
  • The individual entered into the marriage in good faith but the marriage ended through either divorce or annulment
  • The individual entered into the marriage in good faith but they became the victim of abuse by the U.S. citizen or permanent resident spouse

In order to apply to have conditions removed, the individual must file Form I-751 within 90 days of the expiration date of the Green Card. If the individual is late in filing, they may be subject to removal proceedings.

If you have questions, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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(414) 312-5579

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