What To Do If You Received A Conditional Green Card For 2 Years
«El Show Sin Fronteras»
Spanish Video Above Translated In English Below
During our live broadcast, we were joined by a special guest: Jacklyn Mann. She is part of the Lincoln-Goldfinch Law team as a Law Clerk and will soon obtain her law degree. Joining her were our hosts Karla Arevalo and Fidel Campuzano - administrator of our law firm. Remember that you can call us or leave your comments during our live broadcasts with any questions you may have regarding your case.
It is important to remember that, when you call us during the broadcasts, we will answer your questions in a general manner and that this does not imply an attorney-represented relationship. For free legal advice specific to your case, please feel free to call us at (855) 502-0555.
Conditional Green Card
The topic we discussed today was how to remove the conditions of Green Cards that are granted for 2 years only. This type of Green Cards is assigned to couples who have been married for less than 2 years, so that at the time of renewal, the continuity of a good faith marriage would be verified, by means of an additional interview and some other documents that need to be sent. So, if someone has a husband/wife in another country, and they have been married there for many years, after the approval of the Green Card, they will probably receive a Green Card for 10 years with no conditions.
What about those people who are beneficiaries of this conditional Green Card and are in a domestic violence situation, would they lose the benefit of the Green Card?
This is a very important question, and unfortunately, it is a very common situation. At our Firm we have options for those who do not feel able to continue in such a marriage, and it does not necessarily have to be physical violence, it can be emotional abuse, financial abuse, if the person is isolated, or in an abusive relationship. There are several types of pardons available for these types of cases.
How do I remove these conditions that come with the Green Card?
It is necessary to send another application a few months before the expiration of the conditional Green Card, and while this process is being carried out, the person can continue working and developing their activities normally.
Fidel mentioned that he has seen some cases in which people go to a notary to remove the conditions of the conditional Green Card by filling out Form I-90. This form applies only for renewals of Green Cards that are valid for 10 years and not for the removal of conditions. It is also important to remember the difference between a Notario and a Notary Public since the functions and responsibilities of a Notario as conceived in several Latin American countries are different from those of a Notary Public in the United States.
Here at Lincoln-Goldfinch Law, we have attorneys who are experts in different areas (bankruptcy, immigration, employment visas, etc.), so by means of a free 10-minute telephone consultation, we will be able to tell you what the options are for your specific case.
What happens when the renewal application is not filed on time?
It can be a very serious situation if Form I-751 is not filed to remove the conditions before the expiration date of the conditional Green Card. If this opportunity is missed, it is possible that the applicant may even be placed in deportation procedures. It is very important to be aware of the expiration date. Remember that Lincoln-Goldfinch Law attorneys are empowered to take cases from anywhere in the United States.
What happens during the time the conditions are being processed for removal?
According to current regulations, a person who is married to a U.S. Citizen can apply for Citizenship 3 years after being granted a Green Card. For this reason, the time that the application to remove the Green Card conditions is pending with immigration does count towards the 3 years that must pass before being able to apply for Citizenship.
According to Jacklyn Mann, today's guest, the immigration status of those who are awaiting the removal of conditions process will be Conditional Resident. After receiving approval of Form I-751, the holder will have a Permanent Residency. In general, as long as the person does not have a serious criminal record, they will be able to enter and leave the country freely with Conditional Resident status. However, some risks do exist, which is why Karla advised our followers to consult before traveling with an immigration professional, since for some specific cases a pardon may apply.
Asked By Our Followers
Fidel brought us a question from one of our followers:
"What happens after removing the conditions the first time, do I have to do it a second time?"
Our guest Jacklyn explained that it is only necessary to remove the conditions once and after the approval of this petition, the Permanent Resident status will be granted. In this way, the Green Card is valid for 10 years and before the expiration of the Green Card you must file the application with Form I-90 to renew the Residency as many times as necessary or you can apply for Citizenship.
Karla shared another consult we received during the live broadcast:
"I just got married. It is to a U.S. citizen that I got married. I have underage children who are not children of this citizen. Does this Green Card with conditions that they might give me, does it also apply to my children?"
According to our guest, this process would not apply to the children of the inquirer. In this case, there is another option, which would be for the stepfather to petition for his stepchildren since the Green Card is granted to the spouse only.
Here at Lincoln-Goldfinch Law, we want the best for our clients, which is why we believe it is essential to consult with a legal professional before making any major decision that could significantly impact your future and the future of your family. Remember that you can follow us and get the latest updates on our social networks Facebook, TikTok, Instagram, and YouTube. You can also contact us for a free legal consultation, which will take no more than 10 minutes, by calling us at (855) 502-0555.