ImmigrationINFO ...Immigration News For Our Community

ImmigrationINFO …Immigration News For Our Community

Jun 12, 2016 News

Why does my Green Card expire in two years?

By Attorney Gail Seeram

In cases where permanent residence status is acquired based on a marriage to a U.S. citizen that was less than two years old on the day the immigrant spouse was approved, then the immigrant is approved for conditional status (or a two-year green card).
The immigrant’s status is conditional because two years after acquiring permanent resident status, the immigrant and his/her U.S. citizen spouse will be required to present evidence (and possibility have an interview in front of an officer) to prove their marriage is good faith based on love and not for the purpose of gaining an immigration benefit.
The process of removing conditions from a two-year green card gives the Department of Homeland Security a second opportunity to examine the marital relationship to confirm the immigrant and his/her spouse continue to live together, hold joint assets and share joint bills.

HOW TO APPLY TO REMOVE THE CONDITIONS
The immigrant and their U.S. citizen spouse must apply together to remove the conditions on a two-year green card. The immigrant must apply jointly with his/her spouse 90 days before the green card expires. The expiration date on the green card is also the date of the immigrant’s second anniversary as a conditional resident. If the immigrant does not apply to remove the conditions in time, he/she will lose conditional resident status and removal/deportation proceedings will be initiated in immigration court. It is advisable to seek the advice 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 the immigrant is no longer married to the U.S. citizen spouse, or if the immigrant has been battered or abused by the U.S. citizen spouse, then a waiver may be filed. In such case, the immigrant files the petition to remove conditions without the U.S. citizen spouse. If seeking a waiver or filing on his/her own, the immigrant may apply to remove the conditions any time after he/she 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 removal proceedings will begin against you, (2) You will receive a notice 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?
Yes, 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. At the interview, you will be required to provide as much paper evidence to prove the marriage was entered into good faith and the immigrant shared finances and lived with the U.S. citizen during the time of the marriage. There is a high burden of proof required when an immigrant is going through the process of removing conditional residency.
For more information, contact Gail Law Firm:
Email: Gail@GailLaw.com
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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