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What Is a Conditional Green Card For a Spouse?

There are a few ways to become a permanent resident of the United States, including through marriage. Getting married does not give you permanent residency status right away though. You are more likely to receive a conditional green card after you get married to an American, and our Fairfax County green card lawyers can tell you what that means.

When Is a Conditional Green Card Issued?

A conditional green card is a temporary green card given to a non-citizen spouse of an American citizen or someone who is a lawful permanent resident. These are meant for people who have been married for less than two years.

Getting married can be a good way to get citizenship, but immigration authorities also want to make sure that such pathways are not exploited. A conditional green card does not give someone citizenship right away and, in most cases, they are required to stay in their marriage until they can get a permanent green card. This can cut down on fraud.

Can a Conditional Green Card Expire?

Yes it can. Your conditional green card only gives you two years to live in the United States. You can be removed from the country once it expires. This is why it’s important to know how to make your change in status permanent, and why you may want to consult an immigration attorney long before you have to worry about expiration.

When Do I Need an Immigration Lawyer?

When your conditional green card expires, you will receive a notice that a hearing has been scheduled. Removal proceedings against you can begin. This is why it’s important to keep track of when your status expires and when you need to take steps to get a permanent green card.

This must be done within 90 days of your expiration date. In most situations, you will be required to jointly petition with your spouse and show USCIS that the marriage was legitimate and entered into in good faith. This requires you to file a Form I-751 together. If successful, your application for a permanent green card will be approved. A lawyer can help you gather all of the relevant paperwork and documents. They can also help ensure that your application is complete and that no mistakes are going to hold up the process.

A lawyer can also help you if you do not plan to file jointly with your spouse. In some situations, this joint filing requirement can be waived. This can be a possibility when the holder of a temporary card is abused by their spouse or treated with extreme cruelty.

Contact Our Law Firm

If you have any questions about the conditional green card and how to get permanent status, we want to help. Contact Goel & Anderson to learn more about what our immigration lawyers can do to assist you and your family. Schedule your consultation today.

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