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Removal of Conditions

The Removal of Conditions process only happens if you receive a two-year Green Card instead of a 10-year Green Card. It’s applicable to immigrants who got their Green Card through marriage to a U.S. citizen and have been married less than two years when the immigrant receives their Green Card.

When you receive your Green Card, you need to check if it expires in two years or ten years. If it expires in two years, then you must submit a petition for Removal of Conditions. However, sometimes USCIS makes mistakes and will grant you a 10-year Green Card even when you have been married for less than two years. In this instance, you still need to go through the Removal of Conditions process even if USCIS made the mistake.

Attorney Tim Jones has helped countless clients with their Removal of Conditions processes. We have handled both simple cases and more complex situations.

The process for the Removal of Conditions is usually simpler and more straightforward than getting a Green Card. There is usually only one form to submit: the I-751. However, this form also needs a lot of additional evidence to help prove the validity of you and your spouse’s relationship. Some of this evidence could include:

  • Photos together
  • Joint bank statements
  • Joint loans, mortgage, or lease agreements
  • Birth certificates of children you have had together since your marriage
  • Letters from family and friends

Whether you are a returning client or a new client, you will have a consultation with Attorney Jones that outlines the process and any special circumstances we may need to consider for your specific case. The general process for the Removal of Conditions in our office is as follows:

  1. Consult with Attorney Jones and discuss specific aspects of your case so we can handle it properly.
  2. Provide necessary information and documentation to the legal assistants and Attorney Jones as they gather and compile the information for your paperwork.
  3. Sign the form with the additional evidence and then our team will submit your application.

We can submit the petition for your Removal of Conditions up to 90 days before your two-year Green Card expires. If your Green Card expires before you reach out to us, we can still help with the process. Attorney Jones has successfully helped many individuals with their Removal of Conditions even after their card has expired.

After we submit your petition for the Removal of Conditions, there are many paths open to you.

Typically, USCIS takes a long time to fully process your Removal of Conditions. This means that when they send your receipt notice after they receive your forms, they will also include an extension to your Green Card. This extension could be up to 48 months.

During this 48-month extension, you can apply for citizenship if you would like. You do not have to wait until USCIS has completed the full processing of your Removal of Conditions. If you have had your Green Card for at least three years, and you’ve been married to your U.S. citizen spouse that whole time, then you can become a citizen. You can submit your Naturalization files up to 90 days before the three-year anniversary of receiving your Green Card. After you gain citizenship, you won't need to worry about the Removal of Conditions process anymore because USCIS actually approves the Removal of Conditions on your Green Card at the same time you become a citizen.

If this is the path you would like to follow, then let us know and we can assist you with this additional legal process when the time comes.

If you do not want to become a U.S. citizen, that’s ok! Just remember that you will need to keep an eye on your Green Card’s expiration date in the future to ensure that you renew it in time after your Removal of Conditions process is completed.

Attorney Tim Jones has handled cases for Removal of Conditions that require more special consideration. These types of situations could include:

  • If you have divorced your spouse
  • If you are a victims of spousal abuse
  • If your spouse has died and you are widowed
  • If your Green Card already expired

These situations have to be handled a little differently. Typically, more evidence is required for these kinds of cases. Attorney Jones will know what is best to include.

If you have a two-year Green Card and think you may need a little extra consideration due to your specific circumstances, give us a call! We have regularly and successfully represented clients in a variety of situations.

If your child received a Green Card and it is only valid for two years, then they must also go through the Removal of Conditions process. For children’s cases, there are some extra considerations we need to make depending on their age and the date they received their Green Card in comparison to you. To learn more about this special process, read our article about how the Removal of Conditions process is different for children.

Whether you want to start the Removal of Conditions process a little early or whether your Green Card is already expired, give our office a call to schedule a consultation with Attorney Tim Jones so you can learn more about the process and how our team can best help you navigate this additional step in your immigration journey.

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