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How Can I Remove Conditions Placed On My Green Card

How Can I Remove Conditions Placed On My Green Card

When you receive your green card, you hold what is known as conditional permanent residence. What this means is that you have certain rights, protections and responsibilities approaching those held by United States citizens. However, the "conditional" part of "conditional permanent residence" means more than just following laws and filing your income tax returns. Your conditional permanent residence will expire in two years.

If you do not file to remove the conditions on your green card in the 90 days before your conditional residence expires, you will lose your green card and your permanent resident status.

You can remove conditions placed on your green card in one of two ways:

  • File a Form I-751 to enter the country through marriage
  • File a Form I-829 to enter the country through entrepreneurship

Removing Conditions Through Marriage

If you marry a U.S. citizen or an unconditional permanent resident, you may remove the conditions on your green card. You will have to provide proof of your marriage through documentation such as:

  • Your child's birth certificate
  • Lease/mortgage documents showing proof of joint property ownership or occupancy
  • Financial records showing joint ownership of assets or debts
  • Joint tax returns
  • Insurance policies in each other's name
  • Joint utility bills
  • Sworn affidavits to the sincerity of your relationship by anyone who has known both of you since your marriage.

You may waive the requirement to marriage if you were initially married but got a divorce, suffered the death of your spouse, or were the victim of domestic violence or extreme cruelty by your spouse.

Removing Conditions Through Entrepreneurship

If you own a business and operate in the United States, you may remove the conditions placed on your green card. You will have to submit proof of your business with your I-829 form through documentation such as:

  • Federal and state tax returns
  • Audited financial statements for your business
  • Invoices, bank statements, contracts or business licenses
  • Payroll documents and other relevant tax documents for employees

Contact an immigration attorney for help filing either of these forms. You need to file them correctly and include copies of all evidence, properly labeled. You should plan for this before the 90 days prior to the expiration of your Green Card, as it can be expensive and time-intensive.