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Remove Conditions on residence

 

A conditional permanent resident receives a Green Card that is valid for two years. In order to remove conditions on your permanent resident status, you must petition to remove the conditions within the 90-day period before your conditional green card expires. 

 

To determine when your filing date is, you can use the USCIS filing calculator, or you can call attorney Rebecca Carcagno at (734) 999-0360. It is important to remember that you cannot renew your conditional green card. Also, not removing your conditions could result in losing your permanent resident status and being removed from the United States. 

 

In order to remove the conditions based on marriage, you must file Form I-751, Petition to Remove the Conditions of Residence with your U.S. citizen or U.S. Lawful Permanent Resident spouse (or step-parent) if:

 

You are still married to the same U.S. citizen of a U.S. Lawful Permanent Resident after two years

Or 

Your parent is still married to the same U.S. citizen spouse or U.S. Lawful Permanent Resident spouse after two years and you are not included in your parent’s Form I-751 

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Unless you file for a waiver of the joint filing requirement based on:

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You entered the marriage in good faith and the U.S. citizen or U.S. Lawful Permanent Resident spouse (or step-parent) is deceased, you entered the marriage in good faith and the marriage ended in a divorce or annulment, you entered the marriage in good faith and your child was battered or subjected to abuse, you entered the marriage in good faith and you were battered or subject to abuse, or the termination of your status would result in extreme hardship. 

 

In order to remove conditions for entrepreneurs, you must file Form I-829, Petition by Entrepreneur to Remove Conditions.  Your permanent resident status is conditional based upon investment. After you file the Form I-829, USCIS will extend your status for six months, or until they finish processing your Form I-829, whichever is longer. If you don’t file Form I-829 you will lose your permanent residency status and you will become removable from the United States.

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For more information on your options and how to apply contact attorney Rebecca Carcagno at (734) 999-0360 or rcarcagno@myimmigrationattorneynow.com.

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