If you’re a foreign national who recently immigrated to the United States through marriage with a United States citizen, then you probably have a conditional U.S. green card. This means that your permanent resident status is only valid for two years. 

The U.S. Citizenship and Immigration Services (USCIS) gives this visa status to individuals who are either admitted to the U.S. on an immigrant visa or are applying for adjustment of status for permanent residency.

To remove the conditions on your green card, you need to file an I-751 Petition within 90 days before your conditional Green Card expires, and you need to prove that you didn’t marry simply to bypass U.S. immigration laws. 

You should also note that as an immigrant with conditional permanent residence, you can’t apply for a renewal of your conditional Green Card. You can only file Form I-751, Petition to Remove Conditions on Residence, and not Form I-90 to renew your Permanent Resident Card. If these conditions aren’t removed, you will lose your permanent resident status and risk the chance of being deported or becoming removable from the United States.

If you have plans to file a removal request, it is best to seek immigration assistance from a North Carolina immigration attorney. 

Who is Eligible to File a Form I-175?

Generally, conditional residents who got their Green Card status through marriage can file a request at the USCIS office to remove the conditions on their permanent residence. The petitioner can file this form with their U.S. citizen or legal permanent resident spouse (filing jointly) if you’re still married after two years. 

It can be used to also remove the conditions for your sons and daughters who obtained a conditional permanent resident status at the same time as the immigrant parent, or within 90 days. If they acquired their resident status at a later date, or through a conditional green card holder parent who is deceased, they must file a separate Form I-751.

If you’re planning to file a request without your lawful permanent resident (LPR) or U.S. citizen spouse, you can do so if:

• They’re already deceased and you married in good faith
• Your marriage was done in good faith but you still ended up getting a divorce or an annulment
• The spouse or children were battered or subject to extreme abuse by the U.S. citizen or LPR spouse or parent
• Your conditional residence’s termination and deportation from the U.S. would lead to extreme hardship

Other Requirements

To complete your application, you must also submit the following:

1. A copy of your alien registration card or permanent resident card
2. Marriage certificate and evidence that the marriage was done in good faith
3. Proof of divorce, death, or abuse (if it applies)
4. Criminal record (if it applies)

Obtaining a green card requires much patience, and it even takes years to complete for most cases. The number of immigration forms and paperwork that needs to be accomplished can be overwhelming especially for aspiring or new immigrants. A small mistake in your application process can even lead to a denial of your petition.

Avoid these things from happening by seeking the legal help of North Carolina immigration attorneys. 

Here at Diener Law, we can provide you with the best immigration lawyers in North Carolina who have extensive experience in immigration laws and in solving immigration problems. Contact our immigration law firm today for a free consultation.