Conditional Green Card – Removal

A conditional green card is valid for two years. To stay in the U.S., the holder must file to remove conditions before it expires, proving a valid marriage or qualifying for a waiver.

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Conditional Green Card – Removal

What Is a Conditional Green Card?

A conditional green card grants temporary permanent resident status for a period of two years. This conditional status is most commonly given to individuals who obtained residency through a recent marriage to a U.S. citizen, or through investor or entrepreneur-based immigration. Unlike a standard green card, a conditional green card cannot be renewed—its conditions must be removed before expiration.

If the conditions are not removed in time, the individual risks losing their legal status and may face deportation.

Who Qualifies for a Conditional Green Card?

There are two main groups eligible for conditional permanent residence:

Marriage-Based Applicants: Individuals who were married to a U.S. citizen for less than two years at the time of green card approval.
Entrepreneurs and Investors: Individuals who qualified under an investor-based immigration program such as the EB-5 visa.

Conditional green card holders can live and work in the U.S., travel internationally, and apply for citizenship once eligible. The time spent as a conditional resident counts toward the overall residency requirement for naturalization.

How to Remove the Conditions

To remove the conditions on a green card, the applicant must file Form I-751 no later than 90 days before the card expires. Failure to do so can result in automatic termination of status and may lead to removal proceedings.

For Marriage-Based Green Cards

If the marriage is ongoing and in good standing, the spouses must file jointly to request removal of conditions. The petition must include evidence showing that the marriage is genuine and not entered into for immigration purposes. Examples of acceptable evidence include:

Joint financial records (bank accounts, mortgages, insurance policies)
Lease or utility bills in both names
Birth certificates of children (if any)
Photos, travel records, and affidavits from friends and family

If the Marriage Has Ended

If the marriage has ended due to divorce, annulment, abuse, or the death of the U.S. citizen spouse, it is still possible to file Form I-751. In this case, the immigrant can request a waiver of the joint filing requirement. The waiver petition must be supported by documents such as:

Divorce decree or death certificate
Evidence of good faith marriage (even if it ended)
Police or court documents in cases involving abuse
Proof that removal would cause extreme hardship

Each case must be documented thoroughly, and any mistakes or omissions could result in delays or denial.

Why Legal Guidance Matters

Removing the conditions on a green card can be a complex and emotionally charged process, especially when the marriage has ended. Immigration officers closely scrutinize these petitions, and a weak or incomplete filing may lead to loss of status. Working with an experienced immigration team can help ensure every requirement is met, increasing the chances of approval.

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FREQUENTLY ASKED QUESTIONS

Q1: Can US Immigration Counsel help me get a green card through family or marriage?
Yes. Whether you’re married to a U.S. citizen, have a relative sponsoring you, or need to adjust your status, we handle family-based green card cases with care and precision.

Q2: I’m facing deportation—can US Immigration Counsel defend me?
Absolutely. We fight deportation and removal cases in immigration court, build strong defenses, and pursue every legal option to protect your right to stay.

Q3: I’m applying for asylum or a humanitarian visa. Can she help?
Yes. We represent clients in asylum, VAWA, U Visa, and TPS cases—providing strong legal and emotional support throughout the process.

Q4: I want to become a U.S. citizen. Can US Immigration Counsel help me with naturalization?
Definitely. We guide clients through every step of the naturalization process, from preparing documents to interview coaching.

Q5: Can US Immigration Counsel help with immigration waivers or appeals?
Yes. If your case was denied or you need a waiver to move forward, we’ll review your options and build the strongest possible application or appeal.

Q6: I’m an employer looking to sponsor a foreign worker. Can you help?
Yes. We assist businesses and individuals with employment-based immigration, including work visas and green card sponsorship.

Q: Can US Immigration Counsel help me bring a spouse, child, or parent to the U.S.?
Yes. Family-based immigration is one of our core strengths. Whether your loved one is already in the U.S. or abroad, we’ll guide you through every step to bring them home legally and securely.

Q: What if I already filed something on my own or with another lawyer?
No problem. We frequently help clients who started elsewhere or alone. We’ll review everything and let you know the smartest next step.

Q: Can I petition for family if I’m not a U.S. citizen?
Depending on your current status, you may still qualify. During your consultation, we’ll explore all your options and determine the best path forward.

Q: I got a court notice—what should I do?
Contact us right away. Time is critical. We’ll review your case and act fast to protect your rights and build the strongest possible defense.

Q: Can US Immigration Counsel represent me if I’m in another state or in detention?
Yes. We represent clients across the U.S. and even those currently in immigration custody. Wherever you are, we’re ready to help.

Q: What if I already lost my case?
There may still be legal options. Appeals, motions, or reopening your case could be possible—we’ll analyze everything and guide you on your next move.

Q: Do I have to be in Florida to work with US Immigration Counsel?
Not at all. Immigration law is federal, which means we can represent you whether you’re in another state or anywhere in the world. Our clients come from across the U.S. and beyond.

Q: Can we do everything remotely?
Yes. From virtual consultations to secure document sharing, our firm is fully equipped to support you no matter where you are. You’ll receive the same care and expertise as if you were sitting in our office.