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Why does my Green Card expire in two years?

Feb 20, 2011 News

U.S. Immigration TALK…

In cases where your permanent residence is based on a marriage that was less than two years old on the day you were given permanent residence, then your status is considered conditional. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your 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 a petition to remove conditions and prove that your marriage continues to be good-faith and you continue to live with your U.S. citizen spouse.

How to Apply to Remove the Conditions?
You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident.
If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.  It is advised to seek the advise of an immigration attorney when preparing the application to remove conditions as there are specific requirements that must be met.

What if I am no longer married to my spouse?
If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

What happens if I file late to remove conditions?
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident: (1) Your conditional resident status will automatically be terminated and we will begin removal proceedings against you, (2) You will receive a notice from us telling you that you have failed to remove the conditions, (3) You will receive a Notice to Appear at a hearing.  At the hearing you may review and rebut the evidence against you.

Will Immigration require another interview?
An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview. (Gail S. Seeram)

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