Conditional green cards have all the same legal protections as a normal green card, but must be renewed after two years of residency.
Divorce can be a heartbreaking experience. Further, in some cases a divorce may impact your ability to remain lawfully in the United States.
If you were granted conditional residency status based on a marriage of less than two years, a divorce may affect your permanent residency status.
Even if you fail to renew your green card on time, it is important to note that your lawful permanent residence status will not be changed in any way as a result.
In order to apply to have the conditions removed from your green card, you must file Form I-751 Petition to Remove Conditions on Residence with USCIS.
USCIS requires that you and your spouse file a joint I-751 petition to remove your conditions. Doing so is actually quite simple.
You’ll need to file your Form I-751 around 90 days before your conditional residency expires. The exact process you will follow depends on your case.
Both the U.S. citizen and Permanent Resident spouse are required to file form I-751 with USCIS, but as with all rules there are exceptions.
USCIS requires you to prove that your marriage is legitimate before it will remove the conditions on your permanent resident status.