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In some cases, the federal government awards lawful resident status on a conditional basis. Generally, this occurs when the spouse of a recently married U.S. citizen is granted a Green Card based on the marital relationship.

It is possible to remove these conditions over time. However, there is also the potential for the government to refuse to remove this provisional status and even potentially initiate deportation proceedings. Waste no time talking with a dedicated green card attorney about removing conditions of residence in Berwyn.

What Is a Conditional Green Card?

There are important differences to be aware of between permanent and conditional Green Cards. The rights associated with each of these visas is the same: Applicants can live and work in the United States without fear of deportation.

The differences between these two options involve the scope and duration of a person’s lawful permanent residency. Typically, a person who is awarded a Green Card enjoys that status for 10 years. At the close of the 10-year window, he or she can renew. Effectively, this allows that person to remain in the country for the rest of their lives.

Conditional visas are different in that they only last for two years. Also, there is no option to renew. Unless the spouse of an American citizen has the provisional aspect of their visa removed, he or she could be deported from the country. A trusted attorney in Berwyn could elaborate more on Green Cards and causes for removing conditions of residence.

How To Remove This Status

There is a tight timeline that someone must follow to move from a transitional Green Card to a permanent one. This process begins with the filing of a document known as Form I-751. This document must be filed within ]90 days before the conditional Green Card expires. An application will be denied for filing it too late or too early.

One of the most important aspects of this application is proving to the government that the marriage is real. The United States Citizenship and Immigration Service (USCIS) carefully reviews the nature of these relationships to determine if they are genuine marriages or primarily for immigration purposes.

The government considers a wide range of information when making this subjective determination. Agents could look for current photographs of the couple together, financial documents that prove they live as a family unit, or even the existence of shared children. This documentation should be included with the application.

What Happens if Conditions Are Not Removed?

It is vital for anyone in Berwyn relying on these Green Cards to take the removal of conditions of residence seriously. There is no grace, meaning as soon as the visa expires, that person is considered “out of status.” In other words, he or she no longer enjoys legal immigration status in the United States.

The consequences of being out of status are significant. Deportation and removal proceedings could begin immediately, and ultimately result in that person being forced by the government to return to his or her home country.

Talk to a Berwyn Lawyer About Removing Conditions of Residence

This process can be stressful, especially if you pursue it on your own. Thankfully, you have the right to hire an attorney that can serve as your advocate. From assisting with your application to helping you deal with denials, the right attorney could play an important role in your case. Call today to learn more about removing conditions of residence in Berwyn.

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