I Had a Conditional Green Card Before Can I Get One Again

ane. What is a conditional green card?

A conditional light-green bill of fare is one that's valid for two years. Some call it a "temporary green card." Not everyone gets a conditional card, however. It's merely issued when the immigration agency known every bit "The U.s.a. Citizenship and Immigration Service" (USCIS) approves your green card through wedlock to a U.Due south. citizen and your marriage was less than two years old at the time of approval. For example, if y'all married a U.S. citizen in Jan 2019 and USCIS approves your instance in February 2020 then you'll be given a provisional bill of fare valid for two years.

If you have a two-year dark-green carte du jour then immigration may refer to y'all as a "conditional permanent resident." Other means to draw someone with a conditional green card are someone with a "temporary green card," "conditional resident condition," or "conditional LPR status." It tin can be disruptive to know if your card is conditional because it looks very similar to a permanent green card. The primary difference is the permanent green card is valid for 10 years and the provisional light-green bill of fare for two years. Otherwise, the two are almost identical.

It's important to know why clearing issues temporary green cards. The constabulary says that any marriage under two years is a presumed fake matrimony. And then the conditions on your green carte du jour require you to return to immigration in two years and re-prove your wedlock or give a reason why you're unable to do and then.

two. What rights do I take with a conditional green card?

Are my rights limited with a conditional light-green card?

Surprisingly, a conditional or temporary green card grants you the same rights as a permanent green card. The only difference is the validity menses.

That means you can live and work in the U.S. with this temporary green carte du jour every bit long as y'all are within the two-year period after immigration'southward approval. Note: Although you can live and piece of work in the U.S. on a provisional light-green card it's illegal to vote.

Another benefit of having a temporary greenish card is that your fourth dimension in conditional residency counts towards citizenship. Typically, y'all have to wait five years to utilise for citizenship, and sometimes three. Whatever fourth dimension spent on a provisional card counts towards the three- or five-year catamenia.

Can I travel with a conditional green card?

Aye, yous can travel abroad with this blazon of green carte du jour. But the ameliorate question is whether you take the right to come back to the U.S. with one. The respond is too "yes" — a conditional card allows you to reenter the U.S. afterwards a trip aboard.

But note that no dark-green carte du jour allows yous to live abroad, conditionally or otherwise. As someone with a conditional light-green carte du jour, you have to reside in the U.Due south. If you demonstrate an intent to live abroad, immigration officials tin can determine that you gave upwardly your residence and thus strip you of your greenish card.

3. When practice I use for an extension of my conditional green carte?

You lot must file for an extension of your temporary green bill of fare before expiration. This ways that you have to have action before the stop of the two-twelvemonth validity menses.

What happens if your temporary green card expires

If you don't send the right application in on time and your green card expires, then immigration can in theory try to carry you. (Don't worry, though, they rarely do.) Immigration officials adopt that you still file the applicable form even with an expired card. If you lot do tardily-file, yous have to attach an caption for why. In other words, if yous accept an expired conditional green carte, you should file the proper awarding every bit soon equally possible and include the reasons why it'due south tardily.

How to extend your temporary green carte du jour

You will use the same application to get both an extension and a permanent green carte du jour. (This is the grade I-751 discussed in the next section). After you file the Course I-751, the government will send you a receipt find that grants you an extension of your conditional green card. Thus, yous can remember of it as a conditional green card extension. If the regime approves your application and then you'll receive a permanent green card in the mail service.

4. How exercise I remove atmospheric condition on my conditional green card?

What form do I use?

You use the form I-751 to extend and remove conditions on your light-green carte du jour. Y'all have to ship not just the class I-751, simply also supporting documents and applicative fees to USCIS. The I-751 form is as well known as a "Petition to Remove Atmospheric condition on Residence." The proper name makes sense, considering yous accept a temporary green menu and desire to remove the conditions on information technology.

Note that you aren't request for a renewal of your conditional green bill of fare. You're filing the form I-751 to get a permanent greenish card by removing the weather on your two-year menu.

How long does it have to process the Class I-751?

The timeline for a decision on the class I-751 can exist anywhere from 6 months to 4 years. The length of time largely depends on the ground of your form I-751. The footing of filing breaks down into two main groups. The conditional green card removal processing fourth dimension largely depends on which of these ii you use when filing the I-751.

What are the I-751 requirements?

The I-751 requirements vary, depending on whether you lot are still in a relationship with your spouse.

If you are even so with your spouse, the immigration laws require yous to file the I-751 jointly. Both yous and your spouse must sign the form. The joint filing method is advisable when you are still married and living together.

If you are no longer with your spouse, y'all should file for an I-751 waiver. Put differently, you need to employ for a waiver of the joint filing requirement. You can use for this waiver by checking the boxes for one or more than of the 3 waiver categories on the I-751.

What are the I-751 Waivers Categories?

Hither are the three categories of I-751 waivers:

• Divorce Waiver.  This applies where y'all are divorced from your spouse but the wedlock was in good religion.  Good organized religion means that yous had a existent human relationship with your ex-spouse, but unfortunately, things did not work out and the matrimony ended legally.
• Abuse Waiver.  This applies when, during the wedlock, your spouse abused you or was extremely cruel to you.  Extreme cruelty includes emotional or verbal corruption, not just physical. In sum, you tin can get an abuse waiver of the I-751 articulation filing requirement not but when your spouse hits yous, simply when he or she is extremely cruel to you.  Note: To qualify for this waiver, you lot must all the same show that you entered the marriage in proficient faith.
• Extreme Hardship Waiver.  This waiver does not require y'all to evidence that you entered a spousal relationship in good organized religion.  To qualify for this waiver you lot must testify that if you are not given a permanent green carte, you or your children will suffer farthermost hardship.  Extreme hardship is hardship that rises beyond the ordinary.  Farther, you must evidence that the extreme hardship you would suffer would ascend from circumstances that occurred during the two-year in which y'all were a provisional resident.  Note: To authorize for this waiver, you do Not need to show that yous entered your matrimony in good organized religion.

5. What is the outcome of divorce on my conditional green card?

What is the firsthand effect of my divorce?

Divorcing your spouse does not have any immediate effect on your conditional green carte du jour. For example, if the authorities approves a provisional green card in Jan 2020 and you divorce in August 2020 and then you lot will all the same exist in valid status for the total 2 years — until January 2022.

Will I take problems later on?

While there'southward no immediate result, the divorce will legally bear upon how y'all try to remove conditions on your green card, and thus, how you lot fill up out the Form I-751.  If you're divorced and have a conditional green bill of fare, then you can't file jointly with your spouse. Instead, you must use one of the waiver options to remove the weather of your greenish menu. These options are outlined above.

You should besides know that the government doesn't similar receiving I-751 waiver awarding from temporary green card holders.  In these cases, the government volition look more closely at your application to remove conditions.  So, for example, if you get divorced very shortly after yous obtained your card, the government volition take a hard await at your waiver application to be sure that you married in good organized religion.

Additionally, a form I-751 waiver could trigger an in-person interview. But this is non the only reason why they may schedule an interview.  Acquire more below virtually conditional green card interviews.

6. Will I become an I-751 interview to remove weather on my green card?

Afterward y'all file an I-751, the government may schedule you for an interview to remove atmospheric condition on your temporary green card.

Why you may get an interview

This can happen for ii reasons. First, immigration service centers may take likewise many I-751 applications pending from other provisional green carte holders. When that happens, the service center ask the local offices to help take over some cases, which trigger an interview. Second, you tin can become an interview when you didn't submit enough evidence or the immigration officials have other concerns nearly your form I-751.

What happens at the interview

The I-751 interview experience varies and will depend on your particular state of affairs.  (It does have certain similarities to dark-green card interviews in general, withal.) If the clearing officer has serious doubts well-nigh your case and so the I-751 interview questions could seem very harsh. In fact, the official could charge you of fraud if an officer believes y'all lied to them about the marriage. If your conditional greenish card case is strong, however, so the interview should exist a pleasant and easy experience.

It's important to notation that the government will not necessarily schedule an interview if you lot filed for an I-751 waiver.  Officials ofttimes approve the I-751 waiver without an interview. For example, if your matrimony concluded in divorce simply you have children together then immigration is unlikely to schedule you for an I-751 interview.

seven. What happens if I get an I-751 denial?

Sometimes the immigration officer will result an I-751 denial.  Virtually often, the officer denies a course I-751, due to lack of evidence. If you go a form I-751 denial, then immigration can, and commonly does, brainstorm deportation proceedings against y'all. This means the government volition try to remove you from the U.S.

Merely all is not lost. You have a correct to accept the immigration judge reconsider your I-751, and you should have full advantage of this opportunity.  When you enquire the immigration judge to review the I-751, yous will take a chance to submit more than evidence.  This additional evidence can have the form of non just documents only witness testimony.

If you lot end upward in deportation proceedings due to an I-751 denial, it'due south very important that you consult with an immigration attorney.  You should too make sure that you never miss a courtroom hearing date.  (Be sure to learn more on how to cheque your immigration court date.)

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Source: https://www.immigrationcases.org/conditional-green-card/

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