What are the requirements to remove the conditional resident status for a recent legal permanent resident? That’s basically the I-751 Petition. You cannot file the I-751 Petition until 90 days prior to the termination of the two-year green card. You have a 90-day window to file it. If you are married, and the relationship is still good, you file it jointly with proof that you continue to have a valid relationship with your spouse.
If however, you obtain a divorce or your spouse dies, or you’ve been the victim of abuse, there are waivers that you can file. It is not true that if you do obtain a divorce with your spouse that you cannot get a ten-year green card. There is a specific waiver for a divorce. Many individuals do obtain a divorce during this two-year conditional status. If you do find yourself in that position, and you do have a divorce or you have been a victim of domestic violence, there are ways to obtain your ten-year green card without your spouse filing the form. I would, again, highly recommend that you contact an experienced immigration attorney.
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.