How to remove the conditions from your Green Card?March 22, 2021
The main difference between a Green Card with conditions versus one without conditions is that your permanent resident status will expire after 2 years if you do not have the conditions of your Green Card withdrawn. In the case of a normal Green Card, legal permanent resident status is generally guaranteed for life as long as the holder of this document is able to meet the criteria required to live in the United States. The residence card itself may expire (usually after 10 years), but not the official status of permanent resident. The Green Card renewal process is also relatively easy to complete. Even if the permanent legal resident status cannot expire, there are however certain situations where the person will no longer be eligible for the renewal of their Green Card and may therefore lose their status.
The two types of conditional Green Cards
The main reason for putting conditions on the Green Card is to make sure that the marriage is legitimate and that it is not a back door to obtain a Green Card. In the case of an investor, you will also receive a temporary Green Card because the immigration department wants to be sure that the investor is actually investing in the economy and fulfills all the requirements for doing business and investing.
Shortly before the expiry date of your Green Card (2 years), the immigration services will analyze your case again and check that everything is in order. If so, you will then receive your permanent Green Card.
In the event that people have applied for a Green Card through marriage, to be eligible for the Green Card without conditions, you must have been married for at least 2 years from the day you received your Green Card. If you apply for a Green Card without having been married for at least 2 years, you will automatically receive a Green Card with conditions.
If you ever apply for a Green Card through marriage and have been married for almost 2 years, it is sometimes better to wait a few months to finalize your request in order to directly obtain an unconditional Green Card.
Remove the conditions of the Green Card for married couples
In the case of couples married for less than 2 years, the foreigner will receive a Green Card with conditions that will allow him to work and live in the USA, but both the foreigner and the spouse ( will have to complete a request to remove this condition before the end of the 2-year validity period of this residence permit.
For more information and to know how to carry out this procedure, we advise you to obtain our publication on the Green Card with conditions that we have specially designed to help you in your steps.
In general, if you have a permanent residence, you can keep your Green Card if you divorce or if your spouse dies. However, if your status is conditional, your spouse must complete a request with you within 90 days before the end of the 2 year period in order to remove conditions on green card.
If you divorce before this step is completed, you will no longer be able to remove the conditions from your Green Card as the marriage must still be valid for this to happen. The good news is that in some cases it is possible to get a waiver to remove the conditions on your own, without your spouse, but USCIS wants to make sure your marriage was real and not in the only one. purpose of obtaining a residence permit.
To obtain this exemption, a divorce vote must be pronounced. If you are unable to make a joint petition because the divorce proceedings have only just started and have not yet been finalized, you cannot obtain a waiver based on “good faith”. Your permanent resident status will no longer be valid and you may be subject to an expulsion procedure from the territory. However, it is possible to obtain an I-551 status until the divorce proceedings are completed.
If your Green Card was not conditional, it will not affect your residency status. However, this will change the rules about the waiting time to qualify for U.S. citizenship through naturalization. If you are married to a US citizen, the naturalization process is faster and a divorce will lose this benefit.
Death of the spouse
If you have a conditional Green Card and your spouse dies, you can have the conditions removed from your Green Card as long as you are able to prove that the marriage was made in “good faith”.
Abused spouse and children
There are special rules for divorces granted for reasons of domestic violence and mental abuse. This is done on a case-by-case basis with USCICS, but usually a person will then be able to complete a request to withdraw the Green Card conditions on their own if they are able to prove that the marriage was originally carried out. “Good faith” and that this person is able to demonstrate the domestic violence of which he has been the victim.
Remove the conditions of the Green Card for entrepreneurs
Entrepreneurs receive a residence permit valid for a period of 2 years. After this period of 2 years, the investor must apply to remove the conditions of his Green Card and obtain a permanent Green Card.
To do so, you must be able to prove that your business is functioning properly by presenting evidence such as investments made, taxes paid, financial audits and other documents relating to your business that will allow the conditions to be withdrawn. your Green Card as an entrepreneur.