How To Remove Conditions on Green Card?

All conditional permanent resident receives a Green Card valid for two years. To remove conditions on Green Card, you must file a petition within the 90-day period before your conditional Green Card expires.

Keep in mind, that you cannot renew your conditional Green Card. If your conditions are not removed, if it happens you will lose your permanent resident status and you will become removable from the United States.

Petition to Remove Conditions on Residence

Use I-751 Form if you are a conditional permanent resident who obtained status through marriage and want to apply to remove the conditions on your permanent resident status.

According to USCI information if you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751 to file for the removal of those conditions.

If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 to request that the conditions on their status are removed as well.

If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status.

However, you may file Form I-751 without your spouse if:

• You entered the marriage in good faith, but your spouse subsequently died;
• You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
• You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse;
• Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent;
• The termination of your status and removal from the United States would result in extreme hardship.

Keep in mind each petition must be accompanied by the appropriate filing fee: US$ 595 and US$ 85 (biometric services).

Petition by Investor to Remove Conditions on Green Card

Use I-829 Form if you are a conditional permanent resident who obtained status through a qualifying investment and wants to remove the conditions on your residence.

According to USCIS information, if you received your conditional permanent resident status through investing in a new commercial enterprise as a foreign investor (usually referred to as the EB-5 program), your status is only valid for two years and cannot be renewed.

You must apply to remove the conditions on your permanent resident status in the 90-day period before the second anniversary of your obtaining conditional permanent resident status (or were admitted to the United States as a conditional permanent resident) or risk losing your lawful status.

You are eligible if USCIS granted you conditional permanent resident status as an investor. If you do not include your conditional permanent resident spouse (or former spouse) and children in your petition, they must file their own petition separately.

Check now, how to file Form I-829, you must:

• Read the instructions for Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status;
• Complete and sign your Form I-829;
• Pay the filing fee of U$ 3,750 and U$ 85 (biometric services), if applicable;
• Provide all required evidence and supporting documentation.

After you file USCIS send you:

• Receipt notice confirming we received your application;
• Biometric services notice, if applicable;
• Notice to appear for an interview, if required; and
• Notice of our decision.

As you already know, Form I-751 or I-829 are used to remove the conditions on a Green Card. You must file the appropriate Form depending on conditions you want to remove, based on marriage or entrepreneur, for example.

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