If you have permanent resident status in the United States based on your marriage to a citizen or lawful permanent resident, it may be a conditional one. This is particularly true if your marriage is under the two-year mark, and you must take proactive steps before this date arrives. With that being said, please read on to discover how to get conditions removed from your marriage-based green card and how one of the seasoned green card lawyers at Lupton Law LLC can help you explore your immigration options if you are no longer married.

How can I get conditions removed from my marriage-based green card?

You may receive a two-year green card with your conditional permanent resident status in the United States. Therefore, to remove these conditions, you must file Form I-751, Petition to Remove Conditions on Residence, within 90 days of your two-year green card’s expiration date. If the United States Citizenship and Immigration Services (USCIS) approves your petition, they may grant you a ten-year green card. This green card may be renewed or otherwise allow you to apply for citizenship status eventually.

What happens if I am no longer married to my spouse?

Generally speaking, to get your Form I-751 approved, you must prove that you are still married and that your marriage is still in good faith. Meaning, that you did not use this marriage to a United States citizen or permanent resident to circumvent immigration laws.

However, say that you and your spouse are legally separated or currently undergoing divorce proceedings. Well, Form I-751 is typically supposed to be filed jointly. But there are certain circumstances in which you apply to waive the joint filing requirement, and they read as follows:

  • Your U.S. citizen or permanent resident spouse has sadly passed away before your second anniversary.
  • Your removal or deportation from the U.S. would cause you to face extreme hardship in your home country.
  • You were battered or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse.

It is also possible for you to claim a forced marriage to your U.S. citizen or permanent resident spouse. Here, you must prove that there was force, fraud, or coercion involved and you did not necessarily consent to the marriage. Specifically, you must argue that you did not give your full, free, and informed agreeance to marry your spouse at that specific time. You may even demonstrate elements of physical abuse, emotional abuse, sexual assault, verbal threats, deception, etc.

If successful, the USCIS may offer other avenues to immigration status in the country, aside from waiving your joint filing requirement for a ten-year green card, such as asylum, self-petition under the Violence Against Women Act (VAWA), T visa, U visa, etc.

If you need legal representation fast, one of the competent green card lawyers is prepared to step up. The team at Lupton Law LLC looks forward to meeting you, working with you, and helping you.