The legal residency situation in the United States is complicated, and it’s precisely one of the problems leading to the mass deportation of millions of people. In this regard, having a Green Card means that a person can live and work permanently in the United States, and the requirements to obtain it can vary, as explained by the U.S. Citizenship and Immigration Services (USCIS). For example, those who obtain permanent residency through a marriage of less than two years receive conditional status. Each category of permanent resident card has different steps and procedures to follow. Regarding marriages, this type of document requires a subsequent process to remove the conditions and allow legal residency in the country led by Donald Trump.
Those admitted to the country on an immigrant visa and those adjusting their status to lawful permanent resident status within the United States will receive a green card
USCIS specifies that if you are applying for permanent residence through employment, family, or as a special immigrant, you will need someone to file a petition on your behalf. Joint filing, or joint application, is generally used when the immigrant petition is filed at the same time as the application for a permanent resident card. For example, both those admitted to the country on an immigrant visa and those adjusting their status to lawful permanent resident status within the United States will receive a green card issued with an initial validity of two years.
It is important for citizens to know that while holding this type of card, the person has access to the same rights as any other permanent resident. This means they can live, work, and travel abroad under the same conditions. However, this permit is not considered permanent until the conditions are removed through the appropriate process. To cancel the residency status, Form I-751 must be filed. This form is used for conditional permanent residents who obtained their status through marriage and wish to request the removal of the conditions on their permanent resident status. It is important to know that the Petition to Cancel Conditions on Residence must be filed within 90 days prior to the expiration date of the green card.
While the immigration agency evaluates the request, it issues a receipt notice that extends the validity of the status for 48 months
If the person in question does not request the removal of the conditions on time, they may lose their conditional permanent resident status and could potentially be removed from the country. It is therefore important to understand and adhere to the deadlines. While the immigration agency evaluates the request, it issues a receipt notice that extends the validity of the status and employment authorization for an additional 48 months from the card’s expiration date. For example, you can file your Form I-751 individually, or with a petition for an exemption from the joint filing requirement, depending on the circumstances.
According to the legal framework, the application to remove conditions must be filed jointly with the spouse or adoptive parent who served as sponsor in the original process. For example, if you were not included in your parents’ petition and are filing a separate joint petition with your stepparent, who is a U.S. citizen or lawful permanent resident, you can file Form I-751. This also applies if you or your parent entered into a marriage in good faith, but your spouse or stepparent subsequently died; or if you entered into a marriage in good faith, but you or your child were abused or subjected to extreme cruelty by your spouse. The list of options is extensive, so it is advisable to consult on each specific case to avoid errors or misunderstandings.
