Am I still eligible to have the conditions on my green card/resident status removed if I’m going through a divorce?

What is conditional status?

Your permanent resident status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status for a period of 2 years starting from the day you are lawfully admitted to the United States on an immigrant visa or adjustment of status to permanent residence.

Your status is conditional because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

How do I know if I’m eligible to have the conditions on my green card/resident status removed?

Generally, you may apply to remove your conditions on permanent residence if you:

● Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
● Are a child and, for a valid reason, cannot be included in your parents’ application;
● Are a widow or widower who entered into your marriage in good faith;
● Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
● Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

Am I still eligible to have the conditions on my green card/resident status removed if I’m going through a divorce?

You could be eligible to file a waiver request.

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

  • You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  • You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.
  • Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.
  • What happens if my conditional green card expires and I don’t have a new one yet?

    As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, we will extend your conditional resident status until a decision has been made on your application. You will be sent a notice stating this.

    Can I work if my conditional green card has expired?

    As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, we will extend your conditional resident status until a decision has been made on your application. You will be sent a notice stating this.

Author: Mark

A U.S. immigration lawyer. Legal Services available in Arabic and Russian.

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