What is removal of condition?
Conditional permanent residents have a two-year green card and must apply to remove the condition from their permanent resident status!
MARRIAGE BASED REMOVAL OF CONDITION: Foreign nationals approved for permanent residence within two years of marriage are granted conditional green card. This type of green card expires in two years.
INVESTMENT BASED REMOVAL OF CONDITION: EB5 investment greencard when issued for two years, the foreign national must get the condition from the green card removed. They must show to the USCIS that the business is running as required.
If the condition is removed, the government issues a ten-year green card. This is done after USCIS determines that the couple are living in a genuine marriage or that the EB-5 investor has fulfilled the requirements for eb5 investor green card. Immigration law work is not just form filling but a case must be made for success. It is good idea to contact and expert for help!
Green card is conditional if it mentions the category "CR."
The Process
Foreign national is to file the application to remove condition on Form I-751. Delayed filing is frequent and can be excused under circumstances.
The Form I-751 petition is usually filed jointly. Sometimes, USCIS schedules an interview. Interview scheduling is discretionary and the agency does grant greencards frequently without an interview. Joint filing is not always possible. In case of death, divorce, separation, or abuse, the foreign national spouse can seek a waiver:
Good faith marriage, or
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Extreme hardship, or
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Abuse (spouse or child)
Risk
Whether the conditional resident spouse files jointly or as a sole applicant with waiver, the USCIS inquiry remains the same, i.e., the marriage was genuine and not a sham. Once USCIS finds fraud, it becomes an uphill task to reverse and get a favorable decision.
When the spouses are separated or divorced or there are issues of control and abuse, signs of non-cooperation in joint filing appear. Foreign national spouse becomes so distraught that (s)he loses the capacity and the power to think and present a proper I-751 to the USCIS. It is good to take the help of a knowledgeable immigration attorney. Denial for misrepresentation or fraud exposes the individual to possibility of deportation, also known as removal.
Failure to prove marriage bona fides does not mean there is fraud in marriage, but USCIS frequently mixes up lack of bona fides with a finding of fraud. It is, therefore, extremely important that the foreign nationals timely seek the help of a knowledgeable attorney.
USCIS' denial can be appealed to the Board of Immigration Appeal (BIA), although BIA applies a higher level of scrutiny in misrepresentation and marriage fraud cases. If the conditional resident is placed in removal proceedings before the Immigration Court, the Court can renew permanent residence status and remove the condition.
Termination of the permanent residence status is avoidable if the conditional resident spouse acts timely to preserve their immigration status.