Did you obtain a green card through marriage? If you’re someone with a conditional green card, you might be wondering what happens after your conditional residence expires. It’s important to file Form I-751, Petition to Remove Conditions within 90 days before the expiration of your conditional residence. But what happens if you fail to do so? Read on to find out what happens!
What are conditional Green Cards?
Conditional green cards grant beneficiaries two years of lawful residency in the United States. These green cards allow you to work and live in the US for two years before having to update your status to a full, ten-year green card. If you and your spouse had been married for less than two years at the time your green card was approved, you fall under the classification of a “conditional green card holder”. Your children may also fall into this category if they:
- Received their conditional residence status the same day as you, or
- Received their conditional residence status within 90 days after you received yours.
The conditional aspect of these green cards is to prevent fraud. With marriage-based green cards being extremely common, the conditional aspect is a defense against sham marriages or marriage fraud. This is to ensure that your marriage is bona fide and that you did not just marry for the sake of US citizenship.
Form I-751, Petition to Remove Conditions
Form I-751 is the petition that must be filed to change your two-year conditional green card into a 10-year green card. You must file the petition if you fall into any of the following categories:
If you are still married and filing jointly with your spouse;
- If you are filing by yourself ;
- If divorce, annulment, abuse, or death of your spouse has left you alone you may still petition to remove conditions. You may also self petition if you are a victim of domestic violence.
What happens if you don’t file the petition within the 90 day period?
Don’t immediately despair! If you do not file the petition within 90 days before the expiration of your conditional green card, you may still be able to get your 10 year green card. Depending on the reasons and the evidence you provide, USCIS may make an exception and still allow you to file after 90 days. However, there are no guarantees that USCIS will accept it, and the longer you delay, the more difficult it will be to convince USCIS to make an exception to the 90 day filing requirement.
If you do not file your 10 year green card application within the 90 period, or a reasonable time after with an explanation, you will risk termination of your permanent resident status. You will receive a Notice to Appear (NTA) from the US Department of Homeland Security and will be asked to appear before an immigration judge. From there you risk deportation and the loss of your lawful resident status in the US. This is something you want to avoid!
You may also be interested: The Cost of Marriage Fraud
Next steps
If you are approaching the 90 days left on your conditional green card or have failed to meet that deadline, you must petition to remove conditions! These petitions require several supporting documents in addition to the petition itself. Petitioning an I-751 can be a complex process. Don’t risk losing your resident status – contact us for more information or a consultation today!